DATE: MONDAY, FEBRUARY 6, 2012 TIME: 6:30PM...

C I T Y C O U N C I L M E E T I N GMUNICIPAL COMPLEX, EILEEN DONDERO FOLEY COUNCIL CHAMBERS, PORTSMOUTH, NHDATE: MONDAY, FEBRUARY 6, 2012 TIME: 6:30PM

A G E N D A� 5:30PM – ANTICIPATED “NON-MEETING” WITH COUNSEL RE: NEGOTIATIONS RSA: 91-

A:2, I (b-c)

� 6:30PM - WORK SESSION RE: FY13 BUDGET DISCUSSION

I. CALL TO ORDER [7:00PM or thereafter]II. ROLL CALLIII. INVOCATIONIV. PLEDGE OF ALLEGIANCE

PRESENTATION

1. Comprehensive Annual Financial Report (CAFR) – Scott McIntyre of Melanson, Heath &Company, P.C. Auditors’ Financial Report for the Year Ending June 30, 2011 (AnnualAudit)

{Full Presentation on www.Cityofportsmouth.com}

V. ACCEPTANCE OF MINUTES – DECEMBER 19, 2011; JANUARY 3, 2012 AND JANUARY17, 2012

VI. PUBLIC COMMENT SESSION

VII. PUBLIC HEARINGS

A. ORDINANCE AMENDMENTS TO CHAPTER 7 – VEHICLES, TRAFFIC PARKINGOMNIBUS ORDINANCES, SECTION 7A.406 – HORSE DRAWN CARRIAGESSPACES ON PLEASANT STREET AND SECTION 7.330 – BY ELIMINATING THE NOPARKING AREA ON STATE STREET BETWEEN COURT PLACE AND CHURCHSTREET TO INSTALL 4 NEW METER SPACES AND ORDINANCE CLEANUPMEASURES

B. ORDINANCE AMENDMENT TO CHAPTER 7, ARTICLE III, SECTION 7.330 – NOPARKING – JUNKINS AVENUE BOTH SIDES

C. RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF UP TO$150,000.00 FROM UNASSIGNED FUND BALANCE (F.K.A. UNDESIGNATED FUNDBALANCE) FOR THE OPERATION OF THE FIRE DEPARTMENT

VIII. APPROVAL OF GRANTS/DONATIONS

A. *Acceptance of Wellness Grant - $2,500.00 (Sample motion – move to accept andapprove the Wellness Grant, as presented)

Agenda – City Council Meeting February 6, 2012 of 6

B. Acceptance of Re-allocation Grant for Sagamore Island Purchase - $12,500.00(Sample motion – move to authorize the City Manager to accept and expend a NHCoastal Program grant in the amount of $12,500.00 to purchase the Island inSagamore Creek as presented)

IX. CONSIDERATION OF RESOLUTIONS AND ORDINANCES

A. First reading of Resolution Increasing the Maximum Income Limit for IndividualsQualifying for the Elderly Real Estate Tax Exemption:

Elderly Exemption at 2.9%

Single $34,486.00 increase of $972.00Married $42,542.00 increase of $1,199.00Asset Limit of $114,958.00 increase of $3,240.00

(Sample motion – move to pass first reading and authorize the City Manager tobring back for public hearing and adoption the proposed Resolution at theFebruary 21, 2012 City Council meeting)

B. First reading of Resolution Increasing the Maximum Income Limit for IndividualsQualifying for the Disabled Real Estate Tax Exemption:

Disabled Exemption at 2.9%

Single $34,486.00 increase of $972.00Married $42,542.00 increase of $1,199.00Asset Limit of $114,958.00 increase of $3,240.00

(Sample motion – moved to pass first reading and authorize the City Manager tobring back for public hearing and adoption the proposed Resolution at theFebruary 21, 2012 City Council meeting)

C. Second reading of Amendments to Chapter 7 – Vehicles, Traffic Parking OmnibusOrdinances, Section 7A.406 – Horse Drawn Carriages spaces on Pleasant Street andSection 7.330 – by eliminating the No Parking Area on State Street between CourtPlace and Church Street to install 4 new meter spaces and Ordinance cleanupmeasures (Sample motion – move to pass second reading for the proposedchanges to Chapter 7 of the Vehicles, Traffic Parking Omnibus Ordinances, asrecommended by the Parking Committee, and schedule a third and final readingat the February 21, 2012 City Council meeting)

D. Second reading of Amendment to Chapter 7, Article III, Section 7.330 – No Parking –Junkins Avenue both sides (Sample motion – move to pass second reading for theproposed changes to Chapter 7 of the Vehicles, Traffic Parking OmnibusOrdinances, as recommended by the Parking Committee, and schedule a thirdand final reading at the February 21, 2012 City Council meeting)


E. Adoption of Resolution Authorizing a Supplemental Appropriation of up to $150,000.00from Unassigned Fund Balance (F.K.A. Undesignated Fund Balance) for the Operationof the Fire Department (Action is required on this matter)

X. CONSENT AGENDA

A MOTION WOULD BE IN ORDER TO ADOPT THE CONSENT AGENDA

A. *Acceptance of Funds for Art-Speak – Betty LaBranche Real Estate - $50.00(Anticipated action – move to accept and approve the donation to Art-Speak tosupport Art-Speak’s Art & Economic Prosperity Survey, as presented)

B. Request for Approval of Pole License to install/replace one pole located on MendumAvenue (Anticipated action – move to approve the aforementioned pole license asrecommended by the Public Works Department with the approval conditionedupon amendment of the license to allow for the collection of any lawfullyassessed real estate taxes)

C. Letter from Olivia Kopri, Sexual Assault Support Services, requesting permission to holdthe 5th Annual 5K to Keep Kids SAFE on Pease International Tradeport on Sunday,April 15, 2012 at 11:00 a.m. (Anticipated action – move to refer to the City Managerwith power)

D. Letter from Jeanine Sylvester, Runner’s Alley, LLC, requesting permission to hold the15th Annual Runner’s Alley/Redhook Brewery Memorial 5K on Sunday, May 27, 2012 at11:00 a.m. (Anticipated action – move to refer to the City Manager with power)

E. Letter from Robert Sutherland, Jr., St. John’s Lodge, requesting permission to hold the5K “Out of Hibernation” Road Race on Saturday, April 14, 2012 at 9:00 a.m.(Anticipated action – move to refer to the City Manager with power)

F. Letter from Caroline Amport and Nancy Pollard, Friends of the South End, requestingpermission to hold the Annual Fairy House Tour on Saturday, September 15, 2012 from9:00 a.m. – 1:00 p.m. and Sunday, September 16, 2012 from 11:00 a.m. – 3:00 p.m.(Anticipated action – move to refer to the City Manager with power)

G. Letter from Eli Sokorelis, State Street Saloon, requesting the renewal of license for 2dumpsters located on Church Street (Anticipated action – move to refer to the CityManager with power)

XI. PRESENTATION & CONSIDERATION OF WRITTEN COMMUNICATIONS & PETITIONS

A. Letter from Dennett Street residents requesting that the Parking and Traffic SafetyCommittee reconsider the parking plan for the intersection of Dennett and Kane Streets(Sample motion –move to refer to the Parking and Traffic Safety Committee forreconsideration)


B. Letter from the Greater Chamber of Commerce regarding UDAG Loan Request forTourism Website (Sample motion – move to bring back for action at the February21, 2012 City Council meeting)

C. Letter from Julie Bokat and Jeanne Carter, Fuel Training Studio, requesting permissionto hold outdoor fitness classes on Peirce Island 2 evenings and 2 mornings starting inApril through September (Sample motion – move to refer to the Recreation Boardand Peirce Island Committee for report back)

D. Letter from David Choate, III, Grubb & Ellis Northern New England, requesting that thePlanning Board consider amending Section 10.836.20 of the Zoning Ordinanceregarding drive-through lanes for retail/commercial buildings outside of the CentralBusiness District (Sample motion – move to refer to the Planning Board for reportback)

E. Letter from John Golumb, Chairman of Portsmouth Police Commission requestingamendments to the Pawn Shop Ordinance (Sample motion – move to refer to theCity Attorney to draft an ordinance for first reading)

XII. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS

A. CITY MANAGER

Items Which Require Action Under Other Sections of the Agenda

1. Consideration of First Reading of Proposed Resolutions and Ordinance Amendments:

1.1 First Reading of Resolution Amending Elderly & Disabled Exemptions IncomeAsset Limits (Action on this item should take place under Section IX of theAgenda)

2. Public Hearing/Second Reading of Proposed Ordinance Amendments:

2.1 Public Hearing/Second Reading of Ordinance Amendment to Chapter 7 –Vehicles, Traffic Parking Omnibus Ordinances (Action on this matter shouldtake place under Section IX of the Agenda)

2.2 Public Hearing/Second Reading of Amendment to Chapter 7 – Section 7.330 –No Parking – Junkins Avenue (Action on this matter should take place underSection IX of the Agenda)

3. Public Hearing:

3.1 Public Hearing Re: Resolution Authorizing a Supplemental Appropriation of up to$150,000.00 from Unassigned Fund Balance (F.K.A. Undesignated FundBalance) for the Operation of the Fire Department (Action is required on thismatter)


City Manager’s Items Which Require Action

1. Various Approvals Requested by NHDOT Re: Construction of Memorial and ScottAvenue Bridges

1.1 License for Temporary Construction Laydown Area and Temporary TrafficPattern

1.2 License for Use of City Property Under Scott Avenue Bridge for BridgeMaintenance Staff Parking

1.3 Easement for Use of City Property Under Scott Avenue Bridge for BackupGenerator and Utility Transformer Cabinets

2. Sunday Parking Enforcement

3. Proposed Zoning Ordinance Amendments – Office Research District

Informational Items

1. Events Listing2. Economic Development Commission Agenda and Minutes3. Next Steps Resulting from City Council Retreat

B. MAYOR SPEAR

1. Appointments to be Considered:� Appointment of Sherry-Lea Bloodworth Botop as an Alternate to the Planning Board� Reappointment of Phyllis Eldridge to the Trustee of the Trust Funds

2. Resignations� Jennifer Wilhelm as an Alternate to the Conservation Commission� Brett Pasinella of the Sustainable Practices Blue Ribbon Committee

3. *Appointment of City Council Representatives� African Burying Ground Blue Ribbon Committee – Councilor Dwyer� Chamber of Commerce Liaison – Councilor Thorsen� Fee Schedule Study Committee – Councilor Coviello� Legislative Subcommittee – Councilor Dwyer, Councilor Novelline Clayburgh and

Assistant Mayor Lister� Pease Development Authority Liaison – Assistant Mayor Lister� Pease Development Authority – Port Subcommittee – Councilor Kennedy� Recreation Board – Councilor Thorsen� Rockingham Planning Commission – Councilor Smith� Sustainable Practices Blue Ribbon Committee – Councilor Lown and Councilor

Kennedy� Veteran Organization – Assistant Mayor Lister and Councilor Smith


4. *Reactivate the following Mayor’s Blue Ribbon Committees (No action required)� African Burying Ground Blue Ribbon Committee� Citywide Neighborhood Steering Blue Ribbon Committee� Sustainable Practices Blue Ribbon Committee� Transportation Policy Blue Ribbon Committee� Trees & Public Greenery Blue Ribbon Committee

C. COUNCILOR KENNEDY

1. Advisory Committee for Wastewater Treatment Facility Improvements2. *Update on Senior Services

XIII. MISCELLANEOUS/UNFINISHED BUSINESS

XIV. ADJOURNMENT [AT 10:00PM OR EARLIER]

KELLI L. BARNABY, CMC/CNHMCCITY CLERK

*Indicates Verbal Report

INFORMATIONAL ITEMS

1. 2011 Board and Commission Attendance Records2. Notification that the Board of Adjustment Minutes of November 15, 2011 meeting is available

on the City’s website for your review3. Notification that the Conservation Commission Minutes of the December 14, 2011 meeting is

available on the City’s website for your review4. Notification that the Planning Board Minutes of the September 22, 2011 meeting is available

on the City’s website for your review5. Notification that the Site Review Technical Advisory Committee Minutes of the January 10,

2012 meeting is available on the City’s website for your review

NOTICE TO THE PUBLIC WHO ARE HEARING IMPAIRED: Please contact Dianna Fogarty at 603-610-7270 one-week prior to themeeting for assistance.

CITY COUNCIL MEETING

MUNICIPAL COMPLEX PORTSMOUTH, NHDATE: MONDAY, DECEMBER 19, 2011 TIME: 7:00PM [or thereafter]

I. CALL TO ORDER [7:00 p.m. or thereafter]

Mayor Ferrini called the meeting to order at 7:05 p.m.

II. ROLL CALL

Present: Mayor Ferrini, Assistant Mayor Novelline Clayburgh, Councilors Lister,Spear, Dwyer, Coviello, Kennedy and Smith

Absent: Councilor Hejtmanek

III. INVOCATION

Mayor Ferrini asked everyone to join in a moment of silent prayer in memory of SarahFox former Portsmouth firefighter who recently passed away.

IV. PLEDGE OF ALLEGIANCE

Councilor Dwyer led in the Pledge of Allegiance to the Flag.

MAYOR’S AWARDS

1. Firefighter Russell Osgood (not on agenda)

Mayor Ferrini presented a Mayor’s Award to Russell Osgood for his dedication to and supportof the late Sarah Fox and her family. Russell accepted the Mayor’s Award with appreciationand thanks.

2. Ralph Cresta (not on agenda)

Mayor Ferrini presented a Mayor’s Award to Ralph Cresta in recognition of his support to thePortsmouth Holiday Parade. Ralph accepted the Mayor’s Award with appreciation and thanks.

3. Portsmouth High School Football Team

Mayor Ferrini presented Mayor’s Awards to the Portsmouth High School Football Team inrecognition of winning the Division III State Championship for 2011. The players and coachesaccepted the Mayor’s Awards with appreciation and thanks.

City Council Meeting MinutesDecember 19, 2011

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PRESENTATIONS

1. Portsmouth High School Holiday Ensemble

The Musical Interlude for Mayor Ferrini’s Farewell Ceremony was provided by the PortsmouthHigh School Holiday Ensemble. Mayor Ferrini played his trombone with the Holiday Ensemblefor the City Council.

2. African Burying Ground Memorial Park, We Stand in Honor of Those Forgotten –Cindy Hayden, Deputy City Manager

Deputy City Manager Hayden provided an update on the accomplishments of the AfricanBurying Ground Memorial Park. She also announced that the Committee will be sponsoring avisibility and awareness event on the evening of February 13, 2012 and the world famousSoweto Gospel Choir will perform at Chestnut Street.

3. *Farewell Address by Mayor Ferrini

In my last meeting with this City Council, I appreciate the opportunity to speak for a fewmoments to thank some people and to offer some thoughts on the direction of the City ofPortsmouth.

I must first and foremost thank my wife, Jane, for her years of patient and kind support, as Ihave been absent from our home for many hours in my work on behalf of the citizens ofPortsmouth. I must thank my children, Eddy and Lucy, who were patient and understandingabout their father not always being there.

I also thank all of the good people at my law office, Wyskiel, Boc, Tillinghast & Bolduc. Withouttheir understanding and support, I would not have been able to do my job as Mayor. My firmhas been committed to public service for many years and for that I am thankful.

I thank the citizens of Portsmouth for giving me the opportunity to serve and for making thatopportunity better by their constant participation in our vibrant city government. I am thankfulto City staffers, Joanna Diemer and Ann Sharpe, for helping me execute the Office of Mayorand making sure that I was where I was supposed to be on time. I would like to thank CityClerk Kelli Barnaby for her many hours of assistance in ensuring that our committee processand our meetings were orderly and well managed. I also thank City Attorney, Bob Sullivan, forhis assistance and wise counsel. I thank my good friend and the fine City Manager ofPortsmouth, John Bohenko, as well as all city staff, our Police, Fire and School Departmentsfor their hard work on behalf of the citizens of Portsmouth.


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The quality services we enjoy are a direct result of our fine management and staff and a Citygovernment that truly believes in working with its citizens to achieve a common good withresponsive government. I offer my heartfelt thanks to all of the City Councilors, AssistantMayors, Jack Blalock and Nancy Novelline Clayburgh, and all other elected officials with whomI have served over the years. I want to recognize my friend, Jerry Hejtmanek, who cannot bewith us tonight, for his years of service to the City. And finally, I particularly want to thank mygood friend Chris Dwyer for encouraging me to run for City Council years ago.

The City of Portsmouth continues to face challenges as a result of a difficult economy andparticular pressures on the public sector arising out of State retirement obligations and otherstressors on all levels of government. In the past four years, this City Council has been able toconstructively engage all of the constituencies involved in managing government’s obligationsunder these difficult pressures with some grace and dignity. We have had many people in theconversation.

This is one of the great things about Portsmouth. Many people are involved in our democracyand as I move on, new people will refresh our democracy. That is how the founding fathers ofour country envisioned it and it is the healthiest way for a democratic government to proceed.An elective government without constant and new participation by its citizenry becomes staleand ineffective. It becomes unresponsive to new ideas.

Years ago when I ran for City Council it was my belief that we should have many peopleinvolved in our government, both to help run our government and comment on how it mightoperate better. I believe that is now a strong tradition in the City and it is my sincere belief thatit will continue into the future.

We really have no choice. With pressures on local, state and federal governments, we willhave to continue to be creative at the local level to deliver services that our citizens want at aprice they can afford. I believe that we have continually achieved this and our city finances arestrong. In fact, they are more than strong. The City’s AA+ bond rating, as well as itssignificant recognition as a leader amongst municipalities for having a quality financial positionis absolutely essential as we continue to rebuild our infrastructure, our schools and maintainour City in a manner that the citizens have come to expect. We need to continually improveour community. From the fine Middle School under construction to the outstanding efforts ofour community to create the African Burying Ground memorial, I am proud our communitysees the value of such important improvements.

When a City fails to reinvest in itself, it starts to atrophy, and if the trend is not reversed, it canwither and die. Real estate values drop. Economic development slows down and people nolonger want to come to the community. We do not want this to happen.

We are fortunate to have substantial economic development, as well as a diverse andinteresting citizenry that makes our community such a pleasant place in which to live and work.We have unique economic development opportunities, even in this difficult economy. We mustremember that most communities are not so fortunate.


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While we must be careful with economic development from a land use and zoning prospectiveto ensure that development conforms to our ideas about Portsmouth, we must remember thattax rates have gone up significantly in surrounding communities because of an inability tosustain an economic base. Economic development is crucial in keeping residential taxesdown.

Last year we were able to reduce taxes and over the last four years, our tax rates haveincreased at an average of less than 1.5% per year. This is far below the rate of inflation and itis far below the rate of tax increase in most communities. Have we done this by cuttingservices? Well, we have not reduced services significantly yet, but we have reduced asignificant amount of the city’s work force. Over the last three years, we have reduced our citywork force by 9%. I am concerned that further travel down this path will erode our services.The discussion about Fire Station Three is, I fear, just the beginning.

Our recent tax policy has been difficult to sustain in a poor economy. As we go forward, Ibelieve we will have to cut services to sustain minimal tax increases. I don’t know if that is thebest thing for our community, but it is where we will trend in the immediate near future. Weneed to keep our community engaged and involved in these decisions about the direction ofour City.

Going forward, our community needs a civil and well informed public conversation more thanever. We have a culture of civility, with discussions based on ideas and data, as opposed tothe politics of personal attack, which we see unfold so unfortunately on the national stage. Wetypically do better than that in Portsmouth and we need to keep doing better than that in orderto strengthen the quality community in which we wish to live. I have no doubt that we wouldnot have been as effective as we have been in managing recent difficult financial concernswithout the continual involvement of our citizenry in a civil and productive discussion. If ourcommunity conversation devolves into name calling and personal attacks, we will not enjoy thewell informed governing process which citizens have seen in recent years.

I wish the new City Council, Mayor-elect Spear and Assistant Mayor-elect Lister the best ofluck in facing these challenges. I am confident that you will continue the best of what we seein Portsmouth government to ensure that the community receives quality government servicesat a reasonable price. Even though I know this is a tall order, I have confidence that thecommunity, the council and all of our elected officials understand that the only way to proceedand to make our community better is to stay engaged and work together.

In closing, my campaign slogan was: “We’re in this together!”, and indeed we are. We musttrust each other, we must respect each other and we must all work as hard as we can for theCity of Portsmouth to continue to make this one of the best small cities in which to live in theUnited States of America.

Thank you all for the opportunity to serve with you and I wish you all a happy Holiday Season.God bless you and your families.


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V. ACCEPTANCE OF MINUTES – DECEMBER 5, 2011

Councilor Smith moved to approve and accept the minutes of the December 5, 2011 CityCouncil meeting. Seconded by Councilor Lister and voted.


Robin Normandeau spoke regarding the seawall construction on the corner of Pickering Streetand Mechanic Street. She expressed her concern regarding the design and its elimination toaccess the water. She provided the City Council with 39 responses from the neighborhoodopposed to the elimination to access the water.

Peter Somssich spoke regarding the upgrades to the wastewater treatment plant. He saidthere is a need for a time line and cost factors. Mr. Somssich expressed concern with the Citychallenging the Environment Protection Agency.

VII. PUBLIC HEARING

A. RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF UPTO $600,000.00 FROM UNDESIGNATED FUND BALANCE FOR NECESSARYEXPENDITURES FOR MUNICIPAL COMPLEX RENOVATIONS

Mayor Ferrini read the legal notice, declared the public hearing open and called for speakers.

Superintendent McDonough and Public Works Director Parkinson spoke on the appropriationfor the renovations to the Municipal Complex for the relocation of the School AdministrativeOffices. Superintendent McDonough said that this is an investment with long term benefits.He spoke to the operational efficiency that will occur from this relocation. Public WorksDirector Parkinson reviewed the renovations to the 4th floor of the Municipal Complex. He saidthe project is anticipated to be completed by June which is an ambitious time line but he feelscan be achieved.

With no speakers, Mayor Ferrini declared the public hearing closed.

VIII. APPROVAL OF GRANTS/DONATIONS

A. Acceptance of Grant from Northeast Utilities - $1,500.00

Councilor Smith moved to accept and approve the grant, as submitted. Seconded byCouncilor Lister and voted.


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IX. CONSIDERATION OF RESOLUTIONS AND ORDINANCES

A. Second reading of Ordinance Amending Chapter 7, Article IV - Off-StreetParking, Section 7.402 - Areas Established and Described by the addition ofMiddle School – Library Parking Lot Off-Street Parking Area. The ProposedOrdinance sets Hourly Limits on Parking in the Lot, Delineates certain ParkingSpaces for Library Use and Prohibits Overnight Parking in the Lot (Postponedfrom December 5, 2011 City Council meeting)

City Manager Bohenko said that City Attorney Sullivan has put together a set of motions toallow for the City Council to create 24 parking spaces directly abutting Parrott Avenue.

City Attorney Sullivan explained that the ordinance as originally presented is before the CityCouncil at this time. He said the City Council could amend the Ordinance or move forwardwithout any changes. He further stated that the City Council will need to suspend the rules toallow third and final reading this evening to adopt the Ordinance before the end of this Councilterm.

Councilor Smith moved that Section 7.402 (I) (3) be amended to read as follows: Noparking shall be allowed in the lot between the hours of 11:00 p.m. and 7:00 a.m. at anytime, except for the 24 parking spaces directly abutting Parrott Avenue, which spacesshall be vacated no later than 7:00 a.m. Seconded by Assistant Mayor NovellineClayburgh and voted. Councilor Coviello voted opposed.

Councilor Smith moved to pass second reading as amended. Seconded by AssistantMayor Novelline Clayburgh and voted. Councilor Coviello voted opposed.

Councilor Smith moved to suspend the rules in order to take up third and final reading.Seconded by Councilor Lister and voted.

Councilor Smith moved to pass third and final reading. Seconded by Councilor Listerand voted. Councilor Coviello voted opposed.

B. Adoption of Resolution Authorizing a Supplemental Appropriation of up to$600,000.00 from Undesignated Fund Balance for Necessary Expenditures forMunicipal Complex Renovations

Councilor Smith move to adopt the proposed Resolution appropriating a sum of up to$600,000.00 from undesignated fund balance for the renovations to the MunicipalComplex for the relocation of the School Administrative Offices. Seconded byCouncilor Dwyer.


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City Manager Bohenko reported that funding for this supplemental appropriation would comefrom undesignated fund balance. He said that this would be a good use of fund balance giventhat it is a non-recurring expense and it implements a major initiative outlined in the CityCouncil’s Operational Efficiency Blue Ribbon Committee report.

Superintendent McDonough reported that 13 people will be relocated to the MunicipalComplex and there is a potential to grow in the building.

Councilor Coviello asked about savings with the consolidation of employees with the move tothe Municipal Complex. City Manager Bohenko said that the School Department’s move herewill have a savings and that amount will be brought forward in the future. He said over timethere will be things done to create efficiencies. He further stated right now we have directsavings and believe it will be better from an operational stand point. City Manager Bohenkoalso reported that Conference Room B will be converted to the Board Room for the SchoolBoard. He said we will share the conference room as we do with all other rooms in theMunicipal Complex.

Councilor Kennedy asked about the use of the $2.2 million dollar bond premium and using it tolessen the burden to the taxpayers. City Manager Bohenko said we can discuss that duringour review of the Capital Improvement Plan and use of additional fund balances. He said theone criteria is that it is a non-recurring expense.

Councilor Kennedy asked how long we have to spend the money. Finance Director Belangerresponded 2 years.

Councilor Dwyer said she wants to make sure that the Resolution includes for the Board Roomrecording. City Manager Bohenko said yes.

On a roll call 8-0 voted to adopt the proposed Resolution appropriating a sum of up to$600,000.00 from undesignated fund balance for the renovations to the MunicipalComplex for the relocation of the School Administrative Offices.

X. CONSENT AGENDA

A MOTION WOULD BE IN ORDER TO ADOPT THE CONSENT AGENDA

A. Letter from Heidi Roy, National Multiple Sclerosis requesting permission to holdthe 2012 Walk MS Portsmouth on Saturday, April 14, 2012 from 10:00 a.m. until2:00 p.m. (Anticipated action – move to refer to the City Manager withpower)


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B. Letter from Doug Bates, President of Greater Portsmouth Chamber of Commercerequesting permission to hold the Portsmouth Community Road Race Series 5KRaces for 2012 and January of 2013:� Sunday, January 1st – Great Bay Services – Little Harbour School Course� Saturday, May 19th at 9:00 a.m. – YMCA – YMCA Peverly Hill Road Course� Saturday, July 7th at 9:00 a.m. – Harbour Trail Road Race - Little Harbour

School Course� Thursday, August 2nd at 6:00 p.m. – Portsmouth Rotary Club Thunder

Chicken – Peirce Island - Prescott Park Course� Saturday, September 15th at 9:00 a.m. – BreastCancerStories.org – Little

Harbour School Course� Saturday, October 13th at 9:00 a.m. – Community Child Care – Little Harbour

School� Thursday, November 22nd at 8:30 a.m. – Seacoast Rotary Club Turkey Trot –

Peirce Island – Prescott Park Course� Tuesday, January 1, 2013 – Great Bay Services – Little Harbour School

Course(Anticipated action – move to refer to the City Manager with power)

C. Letter from Todd Hanson, New Heights requesting permission to hold the 3rd

annual St. Paddy’s Five Miler on Sunday, March 11, 2012 (Anticipated action –move to refer to the City Manager with power)

D. Letter from Kathryn M. Libby, American Lung Association requesting permissionfor the 3rd Annual Cycle the Seacoast Ride on Sunday, May 6, 2012(Anticipated action – move to refer to the City Manager with power)

E. Request for a License from Mari Woods owner of Mari Woods Kitchen BathHome for property located at 11 Ladd Street to install a projecting sign on anexisting bracket (Anticipated action – move to approve the aforementionedProjecting Sign License as recommended by the Planning Director and,further, authorize the City Manager to execute a License Agreement for thisrequest)

Planning Director Stipulations:

� The license shall be approved by the Legal Department as to contentand form;

� Any removal or relocation of the projecting sign, for any reason, shallbe done at no cost to the City; and


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� Any disturbance of a sidewalk, street or other public infrastructureresulting from the installation, relocation or removal of the projectingsign, for any reason, shall be restored at no cost to the City and shall besubject to review and acceptance by the Department of Public Works

F. Request for a License from Sorassa Soeur owner of Salonista for propertylocated at 90 Fleet Street to install a projecting sign on an existing bracket(Anticipated action – move to approve the aforementioned Projecting SignLicense as recommended by the Planning Director and, further, authorizethe City Manager to execute a License Agreement for this request)





G. Request for a License from Judit Vano-Tydeman owner of Portsmouth Salt Cellarfor property located at 7 Commercial Alley to install a projecting sign on anexisting bracket (Anticipated action – move to approve the aforementionedProjecting Sign License as recommended by the Planning Director and,further, authorize the City Manager to execute a License Agreement for thisrequest)


� The license shall be approve by the Legal Department as to content andform;




Page 10Councilor Smith moved to adopt the Consent Agenda. Seconded by Councilor Lister.

Councilor Kennedy requested to remove two events from Greater Portsmouth Chamber ofCommerce letter - Thursday, August 2nd at 6:00 p.m. – Portsmouth Rotary Club ThunderChicken – Peirce Island - Prescott Park Course and Thursday, November 22nd at 8:30 a.m. –Seacoast Rotary Club Turkey Trot – Peirce Island – Prescott Park Course.

Motion passed.

Letter from Doug Bates, President of Greater Portsmouth Chamber of Commercerequesting permission to hold the Portsmouth Community Road Race Series 5K Races for2012

� Thursday, August 2nd at 6:00 p.m. – Portsmouth Rotary Club Thunder Chicken –Peirce Island - Prescott Park Course

� Thursday, November 22nd at 8:30 a.m. – Seacoast Rotary Club Turkey Trot – PeirceIsland – Prescott Park Course

Councilor Kennedy moved to refer to the City Manager with power and to provide acopy of the letter to the Peirce Island Committee. Seconded by Councilor Coviello andvoted.

XI. PRESENTATION & CONSIDERATION OF WRITTEN COMMUNICATIONS &PETITIONS

A. Letter from Vernis Jackson, Chair, African Burying Ground Committee requestingpermission to hold a Visibility and Awareness Event the evening of Monday,February 13, 2012

Councilor Smith moved to refer to the City Manager with power. Seconded byCouncilor Lister and voted.

B. Letter and petition from Nancy Brown and Macy Morse, For Seacoast PeaceResponse requesting Portsmouth joins the Mayors for Peace

Councilor Coviello moved to accept and place the letter on file. Seconded by CouncilorLister.

Councilor Smith said he feels this matter should be brought forward to the new City Council.

Mayor-Elect Spear advised the City Council that he would have this request placed on a futureCity Council agenda.

Motion passed.


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C. Letter from Randy Eaton requesting permission to hold a 5K “My Walk for Faith”on Sunday, April 15, 2012, at 1:00 p.m.

Councilor Smith moved to refer to the City Manager with power and to provide a copy ofthe letter to the Prescott Park Arts Festival. Seconded by Councilor Kennedy andvoted.

XII. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS

A. CITY MANAGER

1. Approval of Superintendent of Schools Contract

City Manager Bohenko said he would recommend that the City Council approve theSuperintendent of Schools Contract.

Councilor Lister moved to approve the Employment Agreement to expire on June 30,2016 with Edward McDonough, Superintendent of Schools. Seconded by AssistantMayor Novelline Clayburgh.

Councilor Smith said he would support the contact but would have liked discussion on theSuperintendent moving into the district.

Assistant Mayor Novelline Clayburgh thanked Superintendent McDonough for his service tothe School Department. She said when he first came here he took a 3% reduction because ofthe financial conditions we faced.

Councilor Kennedy thanked Superintendent McDonough for taking status quo in the first yearof the new contract.

Councilor Coviello said he appreciates the work of Superintendent McDonough and said thathe is pleased with the changes in health insurance and retirement that are contained within thenew contract.

Motion passed.


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2. Request for Approval of Inter-Municipal Sewer Agreement Re: Town of Rye toextend to Foyes Corner

City Manager Bohenko asked Deputy Public Works Director Allen to speak on this matter.

Deputy Public Works Director Allen said that this agreement will allow the City sewer to extendinto Rye from Odiorne Point Road to Foyes Corner. He said an agreement has been workedout with the Town of Rye and the City of Portsmouth and any improvements will be at theexpense of the Town of Rye. He further stated that this agreement is in line with our WasteWater Master Plan and the State will look upon this favorably.

Councilor Smith moved to approve the aforementioned Inter-Municipal SewerAgreement, and further, authorize the City Manager to execute the document.Seconded by Councilor Coviello and voted.

3. Wastewater Regulatory Impasse

City Manager Bohenko spoke to the extensive memorandum which is before the Council onthis matter. He requested that City Engineer Rice come forward and address this matter.

City Engineer Rice said we all value and make sure that the environment is protected. Hestated that we have worked with the Great Bay Coalition for a number of years and we aredisappointed that the DES has rejected the items brought forward and with the costrequirements of the regulatory process. He discussed the adaptive plan permits thecommunities are following to upgrade their waste water facilities in the next 5 years. CityEngineer Rice said that these levels they’re requesting bring us back to our 1990 levels andwill be of significant cost to the communities and its residents. He stated that we want a fullytransparent review of the science to show what the appropriate levels should be.

City Manager Bohenko said the area of costs is significant and if we go to 3 mg/L it will have toinclude storm water. He said that this issue needs to be addressed as a group regionally.

Councilor Dwyer asked that the formal rule making process be reviewed. Assistant CityAttorney Woodland reviewed the process and discussed the need for a public hearing. Shestated that this is the process we have been looking for all along to get all the information outthere.

City Engineer Rice said the number of nitrogen limits is a huge issue and we need to challengethe rule now.

Mayor Ferrini stated that we need answers to the following questions:

� What is the cost of a plant at 8 mg/L� What is the cost of a plant at 3 mg/L� What is the difference to the rate payers between an 8 mg/L and 3 mg/L


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City Engineer Rice said it would be $40,000,000.00 for a plant at 8 mg/L and $80,000,000.00at 3 mg/L. The cost to the rate payer is two and half times. He said it would be approximatelya 20% increase.

City Manager Bohenko said we need to look at our commercial and hospitality expenses. CityEngineer Rice stated that this could cause businesses not to choose to locate here in the City.

Councilor Kennedy moved to set up a meeting with Commissioner Thomas Burack ofthe New Hampshire Department of Environmental Services and the City Council andrequest a peer review on behalf of the City with the Commissioner and his associates.Seconded by Councilor Smith for discussion purposes.

Councilor Lister asked what the alternative is to a meeting. City Manager Bohenko said wewould just keep waiting. He said we want them to go through the rule making as required byState law.

Councilor Coviello said he would not support the motion. He appreciates tonight is to give staffdirection as a policy making board.

Councilor Kennedy said she feels it is important to push for the peer review.

Councilor Dwyer said she understands the intent and it is a political intent around a scientificapproach.

On a roll call 1-7, motion failed. Councilor Kennedy voted in favor. Assistant MayorNovelline Clayburgh, Councilors Lister, Spear, Dwyer, Coviello, Smith and Mayor Ferrinivoted opposed.

Councilor Coviello moved to authorize the City Manager to continue working with theGreat Bay Coalition through our legislative delegation and other means to: (1) ensurethe DES is required to conduct a formal rulemaking proceeding which complies withstate law to develop a sound scientific basis for permit limits; (2) agree to go to asecondary treatment plant with the ability to treat to 8 mg/L total nitrogen; and (3)pursue an adaptive management approach to Great Bay Estuary health. Seconded byCouncilor Lister.

Councilor Kennedy said that she would opposed the motion.

Councilor Dwyer said the commitment to design a facility to 8 mg/L is a logical approach.


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Councilor Coviello moved to amend the motion to authorize the City Manager tocontinue working with the Great Bay coalition through our legislative delegation andother means to: (1) ensure the DES is required to conduct a formal rulemakingproceeding which complies with state law to develop a sound scientific basis for permitlimits: (2) commit to pursue a design for the Portsmouth wastewater treatment plantthat can achieve 8 mg/L total nitrogen; and (3) pursue an adaptive managementapproach to Great Bay Estuary health. Seconded by Councilor Smith.

Discussion followed regarding the footprint of the facility and the fence line. Councilor Coviellosaid that the fence line does not drive our decision.

On a roll call 7-1, voted to pass the amendment. Assistant Mayor Novelline Clayburgh,Councilors Lister, Spear, Dwyer, Coviello, Smith and Mayor Ferrini voted in favor.Councilor Kennedy voted opposed.

Councilor Spear spoke regarding his trip last October to Stockholm which won the title ofgreenest capital in Europe. He explained how there waste water treatment plant works. Hesaid that they would not go below 10 mg/L because it is too costly.

On a roll call 7-1, voted to pass the motion as amended. Assistant Mayor NovellineClayburgh, Councilors Lister, Spear, Dwyer, Coviello, Smith and Mayor Ferrini voted infavor. Councilor Kennedy voted opposed.

Motion as adopted reads as follows: Voted to authorize the City Manager to continueworking with the Great Bay coalition through our legislative delegation and other meansto: (1) ensure the DES is required to conduct a formal rulemaking proceeding whichcomplies with state law to develop a sound scientific basis for permit limits: (2) committo pursue a design for the Portsmouth wastewater treatment plant that can achieve 8mg/L total nitrogen; and (3) pursue an adaptive management approach to Great BayEstuary health.


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B. MAYOR FERRINI

1. Appointments to be Voted:� Rich DiPentima – Appointment to the Conservation Commission� Ronald Cypher – Appointment to the Parking & Traffic Safety Committee� Frederick (Ted) Gray – Appointment to the Parking & Traffic Safety

Committee� Harold Whitehouse – Appointment to the Parking & Traffic Safety Committee� Thomas R. Watson – Appointment to the Trustees of the Trust Funds

Councilor Smith moved to appoint Rich DiPentima to the Conservation Commissionuntil April 1, 2012. Mr. DiPentima is filling the unexpired term of Catherine Ennis;appointed Ronald Cypher, Frederick (Ted) Gray and Harold Whitehouse to the Parkingand Traffic Safety Committee; appointed Thomas Watson to the Board of Trustees ofthe Trust Funds until January 1, 2013. Mr. Watson is filling the unexpired term of BradLown. Seconded by Councilor Lister and voted.

2. Appointment of Joseph Almeida (not on agenda)

Councilor Smith moved to suspend the rules in order to act on the appointment ofJoseph Almeida to the Historic District Commission. Seconded by Councilor Lister andvoted.

Councilor Smith moved to appoint Joseph Almeida as a regular member to the HistoricDistrict Commission until June 1, 2013. Mr. Almeida is filling the unexpired term ofSandra Dika. Seconded by Councilor Coviello and voted.

3. Resignation of Sandra Dika, Historic District Commission (not on agenda)

Councilor Smith moved to accept with regret the resignation of Sandra Dika from theHistoric District Commission. Seconded by Councilor Lister and voted.

Councilor Smith requested that a letter of thanks be sent to Ms. Dika for her years of service tothe City of Portsmouth.

C. COUNCILOR SMITH

1. Traffic & Safety Committee Action Sheet and Minutes of the December 8, 2011meeting

Councilor Smith moved to approve and accept the action sheet and minutes of theDecember 8, 2011 Traffic & Safety Committee meeting. Seconded by Councilor Dwyer.


Page 16Councilor Smith reported that Traffic & Safety is still awaiting recommendations from thePolice, Fire and Public Works Departments regarding the Atlantic Heights emergency route.He said he would like to have another emergency route to come out of Michael Succi Drive.

Councilor Coviello asked about the citizen request to reconsider a four way stop at ThorntonStreet and Burkett Street. Councilor Smith said that this has been reviewed several times. Hefurther stated that we can’t meet the warrants required and you cannot use a stop sign tocontrol speed.

Motion passed with Councilor Kennedy voting opposed.

2. Parking Committee Action Sheet and Minutes of the December 8, 2011 meeting

Councilor Smith moved to approve and accept the action sheet and minutes of theDecember 8, 2011 Parking Committee meeting. Seconded by Councilor Coviello andvoted. Councilor Kennedy voted opposed.

XIII. MISCELLANEOUS/UNFINISHED BUSINESS

XIV. ADJOURNMENT [AT 10:00PM OR EARLIER

At 9:45 p.m., Assistant Mayor Novelline Clayburgh moved to adjourn. Seconded byCouncilor Lister and voted.

Kelli L. Barnaby, CMC/CNHMCCity Clerk


MUNICIPAL COMPLEX PORTSMOUTH, NHDATE: TUESDAY, JANUARY 3, 2012 TIME: 7:00PM [or thereafter]

I. CALL TO ORDER

Mayor Spear called the meeting to order at 7:00 p.m.

II. ROLL CALL

Present: Mayor Spear, Assistant Mayor Lister, Councilors Coviello, Kennedy,Novelline Clayburgh, Lown, Dwyer, Smith and Thorsen

III. INVOCATION BY REVEREND DAWN SHIPPEE, THE NORTH CHURCH

Reverend Shippee of The North Church conducted the Invocation. Members of thePortsmouth Police Department Honor Guard held a procession and posted the colors.


Portsmouth Police Department Honor Guard led in the Pledge of Allegiance to the Flag.

STAR-SPANGLED BANNER

Wendell Purrington sang the Star Spangled Banner.

OATH OF OFFICE

City Clerk Barnaby administered the Oath of Office to the following officials who were electedat the November 8, 2011 Municipal Election.

A. FIRE COMMISSION

Commissioner Michael Hughes

B. POLICE COMMISSION

Commissioner John Golumb

C. SCHOOL BOARD

Ann Walker, Patrick Ellis and Dexter Legg. City Clerk Barnaby announced that MaryOlea was unable to attend this evening’s ceremony due to a prior commitment.

City Council Meeting MinutesJanuary 3, 2012

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D. CITY COUNCIL

Councilors Anthony Coviello, Esther Kennedy, Nancy Novelline Clayburgh, Brad Lown,M. Christine Dwyer, Kenneth Smith and Jack Thorsen.

1. Assistant Mayor Robert Lister

2. Mayor Eric Spear

V. ADDRESS BY MAYOR ERIC SPEAR

Thank you very much. Welcome School Board members, Fire and Police Commissioners, CityCouncilors, Department Heads, family, and friends. Thank you City Clerk Kelli Barnaby, RevArchon, Rev Shippee, and the Police Department Honor Guard for making this a special nightfor everyone.

Before I get into the meat of my speech, I’d like to acknowledge two outgoing councilors I’veworked with over the past four years. First, I’ve had the good luck to sit next to JerryHejtmanek for four straight years. Unless you’ve been on the council, you probably don’trealize how important your seatmate is. Good advice, needed encouragement, and most of all,the straight truth has been Jerry’s gift to me, and I think it certainly has made me a bettercouncilor.

Second, I’ll miss Mayor Tom Ferrini. My working relationship with Tom began years ago whenhe was a freshman councilor and I was agitating to improve the city’s commissions andboards. Over the years, as I moved into the council and Tom moved into the mayor’s position,he has been an advocate for civil debate. The issues and policies we have to address andformulate are not simple or easy. They are often contentious, emotional, and complex. Tomhas shown how the council can engage in a civil debate without questioning anyone’s motivesor resorting to personal attacks. I hope to continue that model going forward.

Portsmouth has been very fortunate. The rest of the country and most of the world remainsmired in recession and uncertainty, and yet we move forward with confidence. Yes, we’vemade substantial cutbacks. In fact, we’ve recently reduced city staff by nine percent, closed afire station, and lost police and teachers. However, through prudent fiscal management by ourcity manager and conservative budgeting policies set forth by the city council, we can addressour coming challenges from a position of strength.

During the downturn, the public continued to make investments in school buildings, waterplants, roads, sewer lines, and neighborhoods. We have made a public statement that we areexcited about the future and we are prepared for its opportunities. Likewise, even during thisrecession we’ve seen dramatic private investment in Portsmouth. Whether it’s a homeownerbuilding an addition or a developer spending tens of millions of dollars on a new project, theyboth are making a statement about the future. They are excited to be in Portsmouth.I strongly support these public and private investments. But let me now whisper a word ofcaution. I’ve heard a lot of concern about the direction of the recent projects in the downtown.


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I’ve heard concerns about style, size, traffic, parking, and accessibility. We, the council, thecity, our planners, architects, and developers, need to address these concerns head on if weare going to have continued public support as we go forward.

We know what the public wants. Under the leadership of councilor Smith back when he waschairman of the Planning Board, Portsmouth residents described their vision on page 3 of theMaster Plan. The very first sentence reads “Portsmouth should be a liveable, walkable city.” I’dlike to distill this down further and say that we want Portsmouth to be a Welcoming Place. Letme describe my idea of a Welcoming Place:

A Welcoming Place has human scaled architecture. When I’m walking along a sidewalk and Ilook up and around a new building, I want the sense that the building is approachable andinviting. The number of doors, the types of establishments, and the presence of fountains,benches, tables, and sculpture all help make our new developments friendly to passers by.Human scaled architecture also balances building height, setbacks, and street width with thesurrounding built environment. Each new building should feel at home with its neighbors.A Welcoming Place has pedestrian friendly streets. These streets are convenient, comfortable,and safe for walkers, bikers, and cars. Too often we’ve given priority to cars when we designtraffic signals, street widths, and parking spaces. Rather than something that is used to travelthrough, we need to reclaim our streets as destinations.

A Welcoming Place has accessible parking. This is achieved in three ways. First, we need toincrease the parking supply by building another garage. While the details regarding locationand size might take time to iron out, the need is demonstrable. Second, pricing curbsideparking to meet demand increases accessibility for our retail businesses. Demand pricingwithout time limits creates available spaces where they are needed most, and allows people tostay and visit, dine, and shop as long as they want. Finally, as our population ages, we need toensure that we have enough accessible parking for those who truly need it.

Let me leave the downtown and say that a Welcoming Place has attractive and functionalinfrastructure in all of its neighborhoods. The transformation of Atlantic Heights in the past fewyears has been remarkable. Following on a federally funded public investment in streets andsidewalks, homeowners are now making their own improvements. Other parts of the city canbenefit in a similar way, and while we can’t depend on federal funding, we need to continue tomake capital improvements in all our neighborhoods.

I’m not reciting anything new tonight. Most of these ideas are detailed in the Master Plan andhave been discussed before. So, this isn’t my vision, but rather it’s your vision. When I thinkabout our volunteer boards -- the historic district commission, the planning board, theeconomic development commission, the sustainability committee, and the parking and trafficcommittee – I see that all of them have a hand in making our vision a reality. We have thetalent and the resources and the passion to proactively chart our own course and makePortsmouth a Welcoming Place.


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I want to thank my wife Jeannie and my three kids Acadia, Colleen, and Rebecca who sawvery little of me this past fall while I was campaigning. I want to thank everyone coming outtonight for this inauguration.

Thank you, God bless you, and have a happy New Year.

VI. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS

A. MAYOR SPEAR

1. Acceptance of Rules and Orders of the City Council

Councilor Dwyer moved to table this item until a time certain on January 10, 2012. Secondedby Councilor Novelline Clayburgh.

Councilor Dwyer said that there have been discussions to change some of the City CouncilRules and Orders and feels it would be best to schedule a special meeting for furtherdiscussions.

Councilor Kennedy said it is important that the meeting is attended by all City Councilors.

Councilor Novelline Clayburgh said she would like this taken care of in one meeting.

City Clerk Barnaby advised the City Council that she and her staff would be unavailable onJanuary 10, 2012 due to the Presidential Primary Election.

Councilor Novelline Clayburgh suggested meeting earlier at the Council’s regular meeting onJanuary 17, 2012. Councilor Dwyer agreed to the change of date.

Motion passed to table the Acceptance of the Rules and Orders of the City Council untilthe January 17, 2012 City Council meeting.

2. Committee Assignments for City Councilors

Mayor Spear announced that the City Council Committee Assignments will take place after theRules and Orders of the Council have been adopted.

3. Appointment of Voluntary Code of Conduct Committee� Assistant Mayor Lister, Chair� Councilor Novelline Clayburgh� Councilor Smith� John O’Leary� Joanne Grasso


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Mayor Spear announced that he has appointed the above referenced individuals to serve onthe Voluntary Code of Conduct Committee.

Informational Items

1. Meetings for January� January 17, 2012 – Regular City Council Meeting – Tuesday� January 28, 2012 – City Council Retreat – Saturday at the Library in the

Levenson Room

VII. BENEDICTION BY FATHER ARCHON, SAINT NICHOLAS GREEK CHURCH

Father Archon performed the Benediction.

VIII. ADJOURNMENT

At 7:45 p.m., Assistant Mayor Lister moved to adjourn. Seconded by Councilor NovellineClayburgh and voted.



MUNICIPAL COMPLEX PORTSMOUTH, NHDATE: TUESDAY, JANUARY 17, 2012 TIME: 6:00 PM [or thereafter]

At 6:00 p.m. a Work Session was held regarding City Council Rules and Orders.

I. CALL TO ORDER [7:00PM or thereafter]

Mayor Spear called the meeting to order at 7:00 p.m.

II. ROLL CALL

Present: Mayor Spear, Assistant Mayor Lister, Councilors Coviello, Kennedy, NovellineClayburgh, Lown, Dwyer, Smith and Thorsen.

III. INVOCATION

A moment of silence was held in memory of City Negotiator Tom Flygare who had passedaway earlier in the day.


Councilor Smith led the Pledge of Allegiance.

PRESENTATIONS

1. Presentation to former City Councilor Jerry Hejtmanek

Mayor Spear presented former City Councilor Jerry Hejtmanek with a City of Portsmouth Chairin recognition of his service on the City Council and to the citizens of Portsmouth.

Mr. Hejtmanek accepted the gift with appreciation and thanked the Mayor and City Council,previous Mayor and City Council, city staff and all of the citizens who had voted for him in hisprevious elections.

2. Chamber of Commerce Re: Annual Dinner Downtown Location

Chamber of Commerce President Doug Bates and Committee member Renee Plummer gavea brief presentation explaining their request to hold the Annual Chamber of Commerce Dinneron Pleasant Street. Mr. Bates explained the idea is to celebrate the many great things aboutthe City of Portsmouth by holding it on “One of the Top Ten Green Streets in America”according to the American Planning Association. The dinner is to be held on August 8, 2012from 5:00 – 9:00 p.m. and will host 400 people at 2 very long tables. He stated that there willbe no music or entertainment other than the event itself which will be catered by Foster’s ClamBake.


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Discussion ensued regarding who will be invited to attend as Mr. Bates explained that it is aChamber of Commerce event with the ticket costing $85.00 a piece and is open to the public.At Councilor Coviello’s suggestion that the venue be widened to both sides of the street, notincluding the sidewalk, Mr. Bates stated that they would like the additional room but the idea isnot to be disruptive to the businesses in the area.

Councilor Coviello moved to suspend the rules in order to take up Item X.D. of theagenda. Seconded by Councilor Dwyer and voted.

D. Letter from Doug Bates, Greater Portsmouth Chamber of Commerce, requestingpermission to close Pleasant Street from State Street to Congress Street onWednesday, August 8, 2012 for conducting the 2012 Greater PortsmouthChamber of Commerce Annual Dinner

Councilor Coviello moved to refer to the City Manager with power. Seconded byCouncilor Novelline Clayburgh and voted.

V. ACCEPTANCE OF MINUTES (There were no minutes for acceptance)


Mayor Spear opened the public Comment Session:

Shaun Rafferty – discussed making appointments to committees stating that it is necessary foran open government to represent diverse views and feels that if the Mayor is solelyresponsible for choosing committee appointments then those chosen may be moresympathetic to the Mayor’s views on issues. He stated that it is also important to havedifferent Council representatives on the various committees in order to get new views andideas. Finally he asked that when a Councilor abstains from voting due to a “conflict ofinterest” he would like that conflict stated publicly for full disclosure.

Norm Olsen – began by congratulating the new council on their election and stated that hewould like them to continue the tradition of the last Council to ask the City Manager to presenta zero increase budget as well as to continue taking a stand against union positions that arenot good for the citizens. He stated that there is a lack of communication during thenegotiation process and feels that the department heads are perceived as being uniondefenders and should take measures to not be perceived as such, even if they are. Heconcluded by stating that whenever the discussion of raises comes up, COLA is representedas not being a raise, but a raise is a raise.

John Fairbairn – Discussed the City debt levels stating that according to the CAFRA reports,the debt is $10,000 for every man, woman and child.

Seeing no one else wishing to speak, Mayor Spear closed the public comment session.


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� ADOPTION OF CITY COUNCIL RULES AND ORDERS

Councilor Lown moved to adopt existing rules 1-46 with the exception of Rule 23 to beacted upon separately, seconded by Councilor Coviello.

Councilor Lown stated that the Council needs rules and without them it falls back to Rule 40,Roberts Rules of Order, but many of the rules are specific to this Council and most don’t seemto have any issues

Councilor Thorsen asked what happens to Rule 23 if it isn’t adopted. City Attorney Sullivanstated that Rule 23 will disappear.

Councilor Kennedy stated she will vote against this motion if Rule 23 disappears as this iswhat governs our boards and commissions appointments.

Councilor Dwyer stated as a friendly clarification of the motion, she feels it is the intention tostill vote on Rule 23, but separately. Councilor Lown stated that is his intention.

Motion to adopt Rules 1-46 with the exception of Rule 23 passed unanimously.

Councilor Lown moved to adopt existing Rule 23 as follows, seconded by CouncilorCoviello.

Rule 23, Committee Nomination – “The Mayor shall nominate all committees, subject to theapproval of the Council. All nominations shall be laid on the table until the next regularlyscheduled Council meeting.”

Councilor Lown explained that with this existing rule, the Council has veto power of any of thenominations so he doesn’t understand why this needs to be changed and add another layer ofthe process.

Assistant Mayor Lister stated he is not in favor of the existing Rule 23 and explained that otherCouncils have discussed changing this in the past. He stated that it allows more diversity inthe membership when other people are involved in the decision process.

Councilor Dwyer stated she has served on many committees and feels that there is a benefit tohaving a broader appointment process.

Councilor Smith stated he is also against existing Rule 23 stating that it is important toremember that the City of Portsmouth does not have a strong Mayor form of government sothere should be more input from the Council and a more open process. He stated that thiswould introduce fresher ideas and more citizen participation. He also feels that the Councilorswho sit on the committees have a better understanding of the qualifications needed for thosecommittee appointments.


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Councilor Novelline Clayburgh stated that there are 41 committees on the list with theexception of the Fire and Police Commissions and feels this needs to be a more democraticprocess with more involvement in the process.

Councilor Coviello stated he will vote in favor of existing Rule 23 in order to move the processalong but with the understanding that we can continue to work on how the process can bechanged in the future.

Councilor Lown stated he feels there will be more problems created with the new rule 23 i.e.more deadlocks, more secrecy, and will be less workable.

Motion to adopt existing Rule 23 FAILED on a 4-5 roll call vote. Councilors Coviello,Lown, Thorsen and Mayor Spear voted in favor. Assistant Mayor Lister, CouncilorsKennedy, Novelline Clayburgh, Dwyer and Smith voted against.

Councilor Novelline Clayburgh moved to amend Rule 23, as stated below, seconded byCouncilor Kennedy.

Rule 23 – Committee Nomination – “At the first Council meeting of the year, Councilors willbring forward their requests for committees. If there is a multiple request for a committee, aone-minute explanation of why a councilor would like to sit on that committee will be given. Aclosed vote will be taken by the Council, and the votes will be counted by the City Clerk.

The Councilor on a committee will bring forward the names of citizens who are interested inbeing on said committee. Those individuals must have completed the application processthrough the City Clerk’s office. The Council will vote on the recommendation at the nextregularly scheduled Council meeting.”

Councilor Coviello asked what happens if there is a 3-way tie for Councilor appointments, or ifno one wanted the position. Councilor Novelline Clayburgh stated that this did happen whenshe was on the School Board, which this process is based upon, and there was discussionheld to come to a conclusion. She stated the same would go if no one volunteered to beappointed.

Councilor Kennedy stated that she seconded this motion and is in favor because she feels thatthe appointment process needs to be faster as she has seen citizen volunteers wait for monthsto be appointed, specifically to the Peirce Island Committee. She stated that this process willbe more open and in the public view. She urged people to fill out applications for boardappointments.

Councilor Thorsen stated he opposed the motion because the Mayor should have the power ofappointment in order to have the Mayor who is the highest vote getter to guide the process.He stated he feels the Mayor would develop a consensus with the other Councilors as well ascontinue to take suggestions. He stated we are stripping the Mayor of any power ofappointment except for his one vote on the Council and he does not agree with that. Hestated it is also important to note that this procedure would set up an ad-hoc appointment


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process and would be haphazard without prior discussion and voting at a meeting on the spot.

City Attorney Sullivan clarified that the proposed Rule 23 would not affect those Mayorappointments as directed by State RSA nor those that have no Council representative on aparticular board or commission per the presented Matrix. He stated the default would be thenormal Roberts Rules of Orders which would mean the Mayor would make the nomination andthe Council would then vote to approve that nomination. He stated that the Mayor wouldbasically have to agree to go along with the Rule so that the recommendation produced by therule would be the recommendation that he would make.

Councilor Dwyer stated that the Mayor could also question the recommendation and thereforemakes it a more public process.

Councilor Novelline Clayburgh clarified that her thought process when drafting this amendmentshe was thinking of the committees listed on the Matrix that referred to Rule 23, and the otherswould go through the normal ordinance process of 3 readings and a public hearing.

Discussion ensued.

Motion passed on a 5-4 roll call vote, Assistant Mayor Lister, Councilors Kennedy,Novelline Clayburgh, Dwyer and Smith voted in favor. Councilors Coviello, Lown,Thorsen and Mayor Spear voted opposed.

VII. APPROVAL OF GRANTS/DONATIONS

A. *2012 New Hampshire Coastal Program – Grant Proposal

Councilor Dwyer moved to authorize the City Manager to apply for, accept and expendfunds up to $30,000.00 from the Department of Environmental Services, CoastalProgram to conduct a working waterfront study. Seconded by Assistant Mayor Listerand voted.

B. *Acceptance of Grant Funds from the Gulf of Maine Council on the MarineEnvironment and the Northeast Regional Ocean Council Re: Coastal Resilience

Councilor Dwyer moved to accept grant funds up to $30,000.00 from the U.S. Gulf ofMaine Association and give authority to the City Manager to expend funds and executeall necessary documents in conjunction with the proposed Portsmouth CoastalResilience Initiative, seconded by Councilor Novelline Clayburgh.

Councilor Kennedy asked if there are matching funds required of the City of Portsmouth.City Manager Bohenko stated yes, $2,500.00 matching funds will be set aside for City MasterPlanning and $3,500 for in-kind services for a total of $6,000.00 At the request of CouncilorKennedy, he asked Environmental Planner Peter Britz, to further explain the purpose of thegrant.


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Peter Britz, Environmental Planner, explained that this grant will allow the City to analyze thepotential impacts of climate change-induced storm surges and sea-level rise on municipalfacilities and sensitive areas within Portsmouth’s coastal areas. He further stated that thiswork will enable Portsmouth to develop specific recommendations for inclusion in the citywideMaster Plan and revise our local regulations to better address the potential coastal hazardsassociated with climate change.

Motion passed.

Councilor Coviello moved to suspend the rules in order to take up City Manager ActionItem 2. Seconded by Councilor Novelline Clayburgh and voted.

2. Proposed Water and Sewer Lines Re: Strawbery Banke

Deputy Public Works Director Dave Allen explained that Strawbery Banke approached the Cityto work with the City on an arrangement that would allow for the upgrades to the water andsewer lines within the museum area based on the desire of their Board to develop certainbuildings within their property to become rental income properties. He explained that the planincludes the replacement of approximately 860 linear feet of water main and 200 linear feet ofsewer main which were originally part of the City’s system and had come under the ownershipand operation of Stawbery Banke when the area became the museum. He continued that theestimated cost is $45,000.00 which would be paid back by Strawbery Banke over a 10 yearperiod.

City Manager Bohenko stated that this arrangement has been made with other entities in thecity in the past and this will result in improvements to the City’s infrastructure, acquireeasements for the City, and put some of this property back on the tax rolls.

Councilor Dwyer asked if this will be coordinated with other sewer work. Deputy PublicWorks Director Allen stated this will be done in the spring with our in-house workforce prior toother projects.

Councilor Kennedy stated she supports this as it will help Strawbery Banke stay afloat in theseeconomic times by being able to rent out living space.

Councilor Smith moved to authorize the City Manager to proceed with negotiating anagreement with Strawbery Banke for the purposes of the installation of new water andsewer lines with Strawbery Banke and to authorize the City Manager to execute theagreement, seconded by Councilor Novelline Clayburgh.

Councilor Novelline Clayburgh stated that this is a brilliant idea and is glad we are working witha non-profit. She stated she is proud of Strawbery Banke being in our City and feels this is awin/win situation.

Councilor Thorsen stated that the economic benefit alone is worth doing this.


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Motion passed.

VIII. CONSIDERATION OF RESOLUTIONS AND ORDINANCES

A. First reading of Amendments to Chapter 7 – Vehicles, Traffic Parking OmnibusOrdinances, Section 7A.406 – Horse Drawn Carriages spaces on Pleasant Streetand Section 7.330 – by eliminating the No Parking Area on State Street betweenCourt Place and Church Street to install 4 new meter spaces and Ordinancecleanup measures

Councilor Coviello moved to pass first reading for the proposed changes to Chapter 7of the Vehicles, Traffic Parking Omnibus Ordinances, as recommended by the ParkingCommittee, and schedule a public hearing and second reading at the February 6, 2012City Council meeting, seconded by Assistant Mayor Lister.

Mayor Spear asked the City Manager to explain the term “omnibus” for the new Councilors andothers who may be unfamiliar with the term.

City Manager Bohenko explained that in order to help businesses out with various parkingissues, the Parking Committee can vote to implement pilot programs to see if the issues canbe resolved without going through the codification process, which takes time. He stated if it isfound not to work out, then the Parking Committee can reverse the pilot program, but if it worksthen it will be forwarded to the Council to become a part of the ordinance. He stated that hefeels this has been very successful and has helped make the process smoother.

Councilor Smith stated he agrees with the City Manager that this has sped up the process andmade it smoother, for instance in this case of the horse drawn carriage spaces being able tobe implemented for the business more quickly than waiting for the ordinance process.

Motion passed.

B. First reading of Amendment to Chapter 7, Article III, Section 7.330 – No Parking– Junkins Avenue both sides

Councilor Smith moved to pass first reading for the proposed Ordinance amendment,as recommended by the Parking Committee, and schedule a public hearing and secondreading at the February 6, 2012 City Council meeting, seconded by Councilor NovellineClayburgh.

Councilor Kennedy asked why it is necessary to prohibit parking along all of Junkins Avenue.

Parking and Transportation Manager Jon Frederick explained that it is a width issue as thewidest part of Junkins Avenue is 27’9” and it doesn’t allow the required 8.5’ parallel parkingspace and 10’ travel lane required each way.


Page 8

Councilor Coviello asked if we eliminate the sidewalks will it meet the requirements. Mr.Frederick stated that would require the area to be redesigned and he can’t speak to that at thistime.

Councilor Lown stated he hasn’t seen anyone park there before and wonders why it is anissue. Mr. Frederick explained that when the Farmer’s Market is open, it becomes a problem.

Discussion continued regarding other configurations that may still allow parking, with Mr.Frederick explaining that any variation of the recommended footage requirements would needdiscussion.

Councilor Dwyer stated that this is a water view and pedestrian area so she doesn’t want tosee cars parked along either side.

Councilor Lown asked if there will need to be signage erected to enforce the no parking. Mr.Frederick stated yes. Councilor Lown stated he will vote in favor of moving this forward to apublic hearing but doesn’t want a bunch of “No Parking” signs put up.

Motion passed.

IX. CONSENT AGENDA

Councilor Lown moved to adopt the Consent Agenda Items A-H as presented.Seconded by Assistant Mayor Lister and voted.

A. Acceptance of Donations to the Coalition Legal Fund� Town of Carroll - $1,000.00� Town of Waterville Valley - $1,000.00� Town of Sugar Hill - $500.00(Anticipated action – move to approve and accept the donations, as listed,to be placed in the Coalition Legal Fund)

B. Acceptance of Police Department Donations� Donation from Mr. M. Foye to the Portsmouth Police Explorers - $200.00� Donation from the Friends of the South End neighborhood group to the

Portsmouth Police Explorers - $300.00(Anticipated action – move to approve and accept the donations to thePortsmouth Police Department, as listed)

C. Letter from Peter Floros, PNF Realty, Inc., requesting to extend the license tokeep the dumpster currently in place on Church Street (Anticipated action –move to refer to the City Manager with power)


Page 9

D. Request for a License from Scott and Michelle Massida, owner of Michelle’s onMarket Square for property located at 10 Market Street to install a projecting sign(Anticipated action – move to accept the recommendation of the PlanningDirector with the aforementioned stipulations and approve the request ofScott and Michelle Massida, owner of Michelle’s on Market Square to installa projecting sign at 10 Market Street and, further, authorize the CityManager to execute a License Agreement for this request)

Planning Director’s Stipulations:


� Any removal or relocation of the projecting sign, for any reason, will bedone at no cost to the City; and

� Any disturbance of a sidewalk, street or other pubic infrastructureresulting from the installation, relocation or removal of the projectingsign, for any reason, shall be restored at no cost to the City and shall besubject to review and acceptance by the Department of Public Works

E. Request for a License from Carolyn and Christopher Erickson, The Aland RealtyGroup and Eport Antiques and Furnishings for property located at 175 MarketStreet to install a projecting sign on an existing bracket (Anticipated action –move to accept the recommendation of the Planning Director with theaforementioned stipulations and approve the request of Carolyn andChristopher Erickson, owner of The Aland Realty Group and EportAntiques and Furnishings to install a projecting sign at 175 Market Streetand, further, authorize the City Manager to execute a License Agreementfor this request)

Planning Director’s Stipulations:


� Any removal or relocation of the projecting sign, for any reason, will bedone at no cost to the City; and

� Any disturbance of a sidewalk, street or other pubic infrastructureresulting from the installation, relocation or removal of the projectingsign, for any reason, shall be restored at no cost to the City and shall besubject to review and acceptance by the Department of Public Works


Page 10

F. Letter from Donald Allison, Eastern States 20 Mile, requesting permission to holdthe Eastern State 20 Mile Road Race on Sunday, March 25, 2012 (Anticipatedaction – move to refer to the City Manager with power)

G. Letter from Barbara Kautz, AIDS Response Seacoast, requesting to hold the 16th

Annual Seacoast AIDS Walk and Dog Walk on Sunday, May 6, 2012 from 10:00a.m. to 5:00 p.m. (Anticipated action – move to refer to the City Managerwith power)

H. Letter from Barbara Massar, Pro Portsmouth, Inc., requesting permission to holdthe following events in 2012:

� Children’s Day, Sunday, May 6th from Noon – 4:00 p.m.� The 35th Annual Market Square Day Festival & 10K Road Race,

Saturday, June 9th

� The 10th Annual Summer in the Street Music Series, Saturdayevenings from 5:00 p.m. – 9:30 p.m. on June 23rd, June 30th, July 7th,July 14th, July 21st, July 28th (rain date August 4th)

(Sample motion – move to refer to the City Manager with power)

X. PRESENTATION & CONSIDERATION OF WRITTEN COMMUNICATIONS &PETITIONS

A. Letter from Jennifer Fecteau, Port City Nissan, requesting the installation of anelectric vehicle charging station at the High Hanover parking garage for electricvehicles

Councilor Novelline Clayburgh moved to suspend the rules to allow Jennifer Fecteau toaddress the Council. Seconded by Councilor Kennedy and voted.

Jennifer Fecteau of Port City Nissan and Nissan Motor Corp. explained that they arerequesting the installation of an electric vehicle charging station at the High Hanover parkinggarage for electric vehicles, including the Nissan LEAF which is powered by a Lithium-Ionbattery, much the same way as a cellular phone and therefore, requires periodic charging.She stated that the LEAF was designed to have an effective range of 100 miles under idealconditions i.e., flat roads, 70 degrees, with colder temperatures and uneven roads eroding thisrange. She stated that when a customer wants to purchase a Nissan LEAF, Nissan requiresfirst that the customer have an outside company called Aerovironment survey their house andgive them an estimate for the cost of installation of the home charging station. The cost isestimated to be approximately $2000 and a federal tax credit compensates eligible LEAFowners for half of the cost. She concluded by stating that charging stations will also beavailable at participating Nissan dealerships.

Councilor Dwyer asked how many cars the charging station will accommodate at a time. Ms.Fecteau stated that it will charge one car at a time, but there will be 2 spaces made availablefor the station.


Page 11

Councilor Thorsen asked how long it will take to charge. Ms. Fecteau stated that a full chargetakes approximately 7 hours, but the idea of the charging station is to allow people to stop andeat at a restaurant and/or shop for a few hours and then go on their way. Councilor Thorsenstated that it sounds like the station would be tied up for most of the day.

City Manager Bohenko stated that this is a gift and if there is more demand for this service,then the City can install more as a part of our continued sustainability efforts.

Assistant Mayor Lister asked if there is a lot of maintenance required for this recharging stationand also, will there be advertising allowed on it. City Manager Bohenko stated there will beno advertisement allowed as is our policy.

Ms. Fecteau addressed the maintenance issue stating that these stations are all over the Stateof California and have so far been virtually maintenance free.

Councilor Kennedy clarified that there will also be a charging station at the Nissan Dealershipand wonders if there could be a sign directing people there if the one at the parking garage isbeing used.

Councilor Smith asked what the operating costs will be, how will this be paid for by thecustomer, and is there potential for them to pay with a credit card at some point.

City Manager Bohenko stated that we will be looking at the power usage and adding it to thefee for those spaces.

Jon Frederick stated that regarding the credit card payments, some units do allow for that butthey are more costly and this one is a single unit that does not have that capability.

Councilor Thorsen stated that this is a great idea and feels that the Parking and Traffic SafetyCommittee will determine the charge in order to be profitable or at least break even.

Councilor Coviello moved to accept the gift of a charging station from Port City Nissan.Seconded by Assistant Mayor Lister and voted.

B. Letter from John Dussi, Northern Tier Real Estate Acquisition & Development,LLC, request to appear before the City Council regarding renovations to theexterior of the property located at 172 Hanover Street, to remove the glass atriumlocated on the Vaughan Mall side of property

Councilor Kennedy moved to refer to the Planning Board for report back. Seconded byCouncilor Novelline Clayburgh and voted.


Page 12

C. Letter from Portsmouth Fire Commissioners requesting a supplementalappropriation to the FY12 Fire Department Budget in the amount of $150,000.00

Councilor Novelline Clayburgh moved to refer to a public hearing on February 6, 2012the request for a supplemental appropriation to the FY12 Fire Department Budget in theamount of $150,000.00 with funds to be drawn from Undesignated Fund Balance,seconded by Assistant Mayor Lister.

City Manager Bohenko explained that if it is specified to come from undesignated fundbalance, it must be referred to a public hearing and then receive a 2/3 vote. He continued thatif it comes out of the Contingency Fund, the City Manager technically can spend the moneywithout Council action but because this is a hot-button issue, he would put it to a Council voteanyway. It would not require a public hearing and would only require a majority vote.

Discussion ensued regarding the funds being tied to a particular funding source and otherpotential sources.

Councilor Smith stated he supports Station 3 being open but he would also like to ask that theFire Chief and Fire Commission come back with some creative fees such as charging for falsealarms as the Police Department does. He stated it is important to let the public speak onthis.

Councilor Thorsen stated that he is confused with this being an emergency request because ithas gone through the budget process previously so it was known that the amount of moneyallocated at the time was not going to carry through the year.

Assistant Mayor Lister stated that this is a very controversial issue and has heard from citizensthat are concerned with the response times. He commended the Fire Department for theiroutreach to the neighborhoods to teach CPR and safety classes. He stated that we need bothshort-term and long-term solutions and need to hear ideas from the Fire Chief so they don’thave to come back to the Council.

Councilor Coviello asked if the Bond Rating Agencies look at the City using undesignated fundbalance negatively. City Manager Bohenko stated that if it happens on a regular basis thenyes. He continued that if it is used on recurring expenses, it would create a budget gap with noproperty tax to offset it.

Discussion ensued regarding the motion and whether it should be amended or not.

Councilor Lown asked what types of demands may be made on the contingency fund and whatis the likelihood of needing to use it. City Manager Bohenko stated the Contingency Fundamount has decreased over the years from $400,000.00 to $250,000.00 so if we use$150,000.00 for the Fire Department, then that will leave $100,000 through then end of FY12,so it would be cutting it close.


Page 13

Councilor Smith reviewed the background of the Station 3 issue for Councilor Thorsen statingthe Chief was very clear that this could happen and when it came back for a supplementalrequest, the Council at the time decided to wait and see how long we could keep it open, but itis not a surprise that this is back again.

Councilor Kennedy stated she would like to know three things; first, how much money hasbeen saved with the fireman putting the earned time disability in their contract. Secondly, fromChief LeClaire, she would like a written opinion regarding a volunteer unit and why or why itwon’t work or an auxiliary fire unit as she has had many people ask about that possibility.Finally, she would like a written, professional opinion from Chief LeClaire as to why or why notto keep open Station 3.

Councilor Coviello stated he disagrees with Councilor Smith’s statements as to Fire Station 3stating that Chief LeClaire was clear and the Council gave them the budget that they couldmanage. He stated he agrees with Councilor Kennedy and would also like the Chief to clearup some of the misconceptions out there.

Councilor Dwyer stated that her feeling was that some Councilors did feel that the FireDepartment needed to be funded at a higher level with the understanding that we would needto establish long term solutions as well. She stated that another issue that she feels is beingconfused is the buildings versus the crews available to staff them.

Councilor Thorsen stated he attended an information session held by the Fire Department andfound it to be very informative. He stated he will support the motion to refer the issue to apublic hearing.

Motion passed.

XI. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS

A. CITY MANAGER

City Manager’s Items Which Require Action

1. Elderly & Disabled Exemptions

City Manager Bohenko stated he has presented 2 options for the Council to choose from withOption A being a 2.9% adjustment and Option B being a 3.6% adjustment. He statedwhichever the Council wished to move forward with will come back for a first reading onFebruary 6th and then a public hearing and adoption on February 21st.

Councilor Coviello moved to authorize the City Manager to bring back a Resolution for“Option A” for a first reading on February 6, 2012, seconded by Assistant Mayor Lister.


Page 14

Councilor Lown stated that currently 139 people receive the exemption and when he was outcampaigning he saw a lot of people that were hurting and this gives some people a little breakso that they can stay in their homes and allows our population to remain diverse.

Councilor Dwyer stated that our aging population is going to continue to be an issue and wantsto point out that the revenue we are losing on these exemptions is 3 times more than the FireDepartment is asking for and to remember that these issues are related.

Councilor Smith agrees with Councilor Dwyer that the aging population needs to be looked atand to keep in mind that this tax burden gets spread to the rest of the taxpayers.

Councilor Coviello clarified that this 2.9% increase would be based on the CPI which is thesame one used for our labor agreements.

Councilor Kennedy stated she is in favor of supporting seniors since we spent 35 million on themiddle school so we need to keep that in perspective. She continued that a lot of the calls shehas gotten regarding Fire Station 3 have been from seniors so agrees that these issues areconnected.

Councilor Novelline Clayburgh stated that the disabled population is also getting older and weneed to keep in mind that they will need housing in the future as well especially with Statefunding dwindling more and more.

Councilor Thorsen stated he is in favor of tax breaks for the elderly and disabled, but also is infavor of reducing the burden of all taxpayers.

Motion passed.

3. Ratification of City Council Policies

Councilor Kennedy moved to ratify the list of Council Policies as presented, secondedby Councilor Lown.

Councilor Smith stated that his vote is abstained for the policy regarding flags as his storeparticipates in that policy.

Councilor Coviello moved to divide the question by removing policy 2010-02 – BrickSidewalks, seconded by Councilor Dwyer.

Councilor Coviello explained that he was the initiator of the policy back when the HistoricDistrict was expanded and it was the policy that brick sidewalks were to be installed in anyHistoric District designated area. He stated that since that time it has been brought to theattention of the HDC that brick sidewalks are impractical for certain well traveled areas and arevery costly to maintain as well, so he would like to revert back to the original area.


Page 15

Discussion ensued regarding the need to do this and it was determined that it was already thepolicy.

Motion to divide the question FAILED on a 4-5 roll call vote. Councilors Coviello, Lown,Dwyer and Thorsen voted in favor. Assistant Mayor Lister, Councilors Kennedy,Novelline Clayburgh, Smith and Mayor Spear voted opposed.

Motion to ratify Council Policies as presented passed.

4. Request to Renew Lease Agreement for Sons of Italy

Councilor Kennedy moved to extend the Lease Agreement with the Sons of Italy at OnePlains Avenue, for a period of one year from April 1, 2012 through March 31, 2013,seconded by Councilor Smith.

Motion passed on a 7-0 vote, Councilors Coviello and Novelline Clayburgh abstained asthey are members.

Informational Items

1. Events Listing2. Retreat Agenda3. *Web Video Playback

Mayor Spear declared a recess at 9:20 p.m. and resumed the meeting at 9:30 p.m.

B. MAYOR SPEAR

1. Resignation of Gary Lowe from the Sustainability Committee

Councilor Smith moved to accept the resignation of Gary Low from the SustainabilityCommittee with regret and appreciation of service. Seconded by Councilor Kennedyand voted.

2. *Appointment of City Council Representatives:

In accordance with newly adopted Rule 23, the following appointments were made:� Taxi Commission – Councilor Lown� Peirce Island Committee – Councilor Kennedy� Parking & Traffic Safety Committee – Councilor Smith� Historic District Commission – Councilor Jack Thorsen� Planning Board – Nancy Clayburgh received 5 votes, Councilor Coviello

received 4 votes.� Joint Building Committee – Councilors Novelline Clayburgh and Smith� Economic Development Commission – Councilors Dwyer and Thorsen


Page 16

After some discussion regarding procedure for appointments to remaining committees, MayorSpear stated he will meet with the City Attorney to determine the best course of action andaddress it at the next Council meeting.

Councilor Smith asked for clarification on the Transportation Policy Committee which wasappointed by the previous Mayor and City Council with a sunset date of April 15, 2012. CityAttorney Sullivan stated that this committee would remain in effect until the sunset date withoutfurther Council action.

Councilor Kennedy asked for clarification if Councilors should continue to attend meetings theypreviously were appointed to until new appointments are made. Mayor Spear stated yes.

C. ASSISTANT MAYOR LISTER

1. *Sunday Parking

Assistant Mayor Lister moved to request the City Attorney to come back with anOrdinance at the February 6, 2012 City Council meeting to amend the enforcement ofSunday Parking to take place from Memorial Day through Labor Day only, seconded byCouncilor Lown.

Councilor Coviello asked if we should wait until the parking study is presented. CouncilorDwyer clarified that the study is scheduled to be presented on January 23, 2012.

Councilor Lown would like to know the impact on revenue that this change will have andCouncilor Thorsen asked to have the impact of eliminating Sunday parking totally.

Motion voted.

D. COUNCILOR KENNEDY

1. *Senior Citizen Center

Councilor Kennedy stated that she has received calls from senior citizens who are upset withthe closing of the Senior Center and wants to know what the City will do for them to replacethese activities.

City Manager Bohenko stated there has been a group formed to look at this issue withrepresentatives from the Mark Wentworth Home, the Portsmouth Regional Hospital, Friends ofthe South End and Councilor Novelline Clayburgh was asked to serve by Mayor Spear as wellas himself. He stated this group has met several times and have begun to gather informationwhich will be reviewed by a nationally known consultant on this issue. They are takinginventory of what is available for seniors and the locations in regards to health and wellnessand transportation issues. He stated that it is an impressive group of people.


Page 17

Councilor Novelline Clayburgh agreed that it is an impressive group of people who have thepassion, experience and expertise to address this community issue. She stated that theBeacon Hill Project in Boston is an example of the outcome of such an effort.

Councilor Kennedy asked what the time frame is as people are looking for somewhere to go.She also would like to know what is happening with the building that previously held the seniorcenter.

City Manager Bohenko stated an initial report is due in early March and it is intended to be amodel for Portsmouth and surrounding towns. He stated that the Mark Wentworth Home ownsthe Parrott Avenue building and is putting it on the market and will utilize the money to backinto services.

Councilor Dwyer stated that Living Innovations have stepped up to try and fill in the gaps in themean time and believes that they have a list of the people who previously participated at theSenior Center. She stated that there are various facilities throughout the city that anyone iswelcome to visit. She stated that State and Federal funds are going away so things will bechanging and municipalities will need to get together to provide these services.

Councilor Coviello moved to suspend the rules to continue the meeting past 10:00 p.m.Seconded by Councilor Dwyer and voted.

2. *Request to Establish a Wastewater Treatment Plant Building Committee

Councilor Kennedy moved to request the City Attorney to come back with an ordinance toestablish a Wastewater Treatment Plant Building Committee to consist of 2 citizens and 2 CityCouncilors.

City Attorney Sullivan explained that the expenditure of funds is up to the City Manager withthe only exception being a State Law establishing Joint Building Committees when the SchoolBoard and City are co-terminus. He stated there could be a sub-committee formed in anadvisory capacity but would not require an ordinance change.

City Manager Bohenko stated that there have been other similar advisory committees for theFire Station, Library, etc. but it is the City Manager who is responsible to expending the funds.He stated he does welcome an advisory committee with a good cross-section of representationto get the information out to the public.

Mayor Spear stated that no motion is necessary and the City Attorney will bring back arecommendation for the advisory committee.


Page 18

XII. MISCELLANEOUS/UNFINISHED BUSINESS

Councilor Dwyer stated that she has attended the upcoming Elected Officials Workshop in thepast and urged people to attend if possible as it is very informative.

Councilor Novelline Clayburgh stated she saw that the City Manager has directed theDepartment Heads to present a 2.9% budget and asked when the Council will get involved inthe discussion.

City Manager Bohenko stated that he will discuss this at the upcoming Council Retreat andexplained that the process begins with the City Manager and Department Heads and then thebudget is presented to the Council in April.

Councilor Kennedy clarified that the City Manager’s direction to the Department heads is aguideline.

XIII. ADJOURNMENT [AT 10:00PM OR EARLIER]

Councilor Coviello moved to adjourn at 10:18 p.m. Seconded by Councilor Kennedyand voted.

Respectfully submitted:

Valerie A. French,Deputy City Clerk

LEGAL NOTICE

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the PortsmouthCity Council on Monday, February 6, 2012 at 7:00 p.m., Eileen Dondero FoleyCouncil Chambers, Municipal Complex, 1 Junkins Avenue, Portsmouth, NH, on aProposed Ordinance amending Chapter 7 – Vehicles, Traffic Parking OmnibusOrdinances, Section 7A.406 – Horse Drawn Carriages spaces on Pleasant Streetand Section 7.330 – by eliminating the No Parking Area on State Street betweenCourt Place and Church Street to install 4 new meter spaces and Ordinancecleanup measures. The complete Ordinance is available for review in the Officeof the City Clerk and Portsmouth Public Library, during regular business hours.


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-City of PortsmouthProposed - 2 Horse and Carriage Spaces Pleasant Street at Market Square

Section 7A406: HORSE DRAWN CARRIAGES

There is hereby established an area comprised of two parkingspaces on the westerly side of Pleasant Street directly adjacent to Congress Street to be marked “Reserved for Horse and Carriage”,Monday through Friday, 6 p.m. to 10 p.m., Saturdayand Sunday, 12 p.m. to 10 p.m. In addition to any other parkingprohibiting law, vehicles parking in that location in contraventionof this limitation shall be subject to towing by the City with the costs tobe borne by the owner of the vehicle.

0 40 8020 Feet

STATE ST

COURT ST

CHURCH ST

COURT PL

FLEET ST

PLEASANT ST

-City of PortsmouthProposed - 4 new parking spaces State Street at Court Place and Church Street

0 40 8020 Feet

Section 7.330: NO PARKING

A. Unless otherwise designated by ordinance, parking shall beprohibited at all times in the following described streets andlocations:

116. State Street:a. northerly side, from the point of intersection of the easterly streetline of Middle Street and the northerly curb line of State Street85 feet easterly.b. southerly side from Middle Street 90 feet easterly.c. northerly side from Fleet Street to Pleasant Street.d. southerly side, beginning at the intersection of Pleasant Street,westerly to the intersection of Church Street.e. northerly side, from 507 State Street, westerly 67 feet.

LEGAL NOTICE

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the PortsmouthCity Council on Monday, February 6, 2012 at 7:00 p.m., Eileen Dondero FoleyCouncil Chambers, Municipal Complex, 1 Junkins Avenue, Portsmouth, NH, on aProposed Ordinance amending Chapter 7, Article III, Section 7.330 – No Parking– Junkins Avenue both sides. The complete Ordinance is available for review inthe Office of the City Clerk and Portsmouth Public Library, during regularbusiness hours.


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PARROTT AVE

KENT STSHERBURNE AVEROCKLAND ST

MARCY ST

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City of PortsmouthNo Parking Both SidesJunkins Avenue

0 200 400100 Feet

Section 7.330: NO PARKING

A. Unless otherwise designated by ordinance, parking shall beprohibited at all times in the following described streets andlocations: (Amended 02/16/2010)

61. Junkins Avenue: both sides.

JUN

KIN

S AVE

SOUTH ST

PLEASANT ST

unnamedunnamed

GATES ST

LINCOLN AVE

ELWYN AVE

PARROTT AVE

KENT STSHERBURNE AVEROCKLAND ST

MARCY ST

MA

NN

ING

ST

EDW

ARD

ST

HANCOCK ST

MEL

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WASHINGTON ST

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-City of PortsmouthPlacement of No Parking SignsJunkins Avenue

0 200 400100 Feet

Existing sign poleNew sign pole

Existing utility pole; sign placed on both sides of pole

Existing utility pole

Existing utility pole

New sign pole Existing utility pole

CITY OF PORTSMOUTHPUBLIC WORKS DEPARTMENT

MEMORANDUM

TO: John P. Bohenko, City Manager

FROM: Jon Frederick, Director of Parking & Transportation

DATE: January 30, 2012

SUBJECT: Junkins Avenue “No Parking” Sign Placement_____________________________________________________________________

The enclosed map depicts the placement of “No Parking” signs on Junkins Avenue.Only two new sign poles will have to be erected, one adjacent to the Parrott Avenueparking lot and another south of Lincoln Avenue. Six other signs will be placed onexisting utility poles or sign poles. This strategy will enable us to adequately postthe entire street at all through-traffic access points while preventing sign clutter invicinity of the South Mill Pond.

Enclosure: Map of Junkins Avenue – Placement of No Parking Signs

LEGAL NOTICE

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the PortsmouthCity Council on Monday, February 6, 2012 at 7:00 p.m., Eileen Dondero FoleyCouncil Chambers, Municipal Complex, 1 Junkins Avenue, Portsmouth, NH, on aResolution Authorizing a Supplemental Appropriation of up to $150,000.00 fromUnassigned Fund Balance (F.K.A. Undesignated Fund Balance) for theOperation of the Fire Department. The complete Resolution is available forreview in the Office of the City Clerk and Portsmouth Public Library, duringregular business hours.


CITY OF PORTSMOUTH, NEW HAMPSHIRESUPPLEMENTAL APPROPRIATION

FOR THE FISCAL YEAR ENDING JUNE 30, 2012

RESOLUTION # -

A RESOLUTION AUTHORIZING A SUPPLEMENTALAPPROPRIATION FOR NECESSARY EXPENDITURES FORTHE OPERATION OF THE FIRE DEPARTMENT.

RESOLVED: BY THE CITY COUNCIL OF THE CITY OF PORTSMOUTH,NEW HAMPSHIRE ASSEMBLED AS FOLLOWS:

THAT, the City Council has determined that the sum of up to OneHundred and Fifty Thousand ($150,000) Dollars is to beappropriated from Unassigned Fund Balance to defray the current FireDepartment expenditures for the Fiscal Year ending June 30, 2012.

THAT, to meet this appropriation, the City Manager is authorized totransfer these funds from the June 30, 2011 Unassigned FundBalance.

APPROVED BY:

___________________________ERIC SPEAR, MAYOR

ADOPTED BY CITY COUNCIL

____________________________________KELLI L. BARNABY, CITY CLERK

SECTION 7.14-AMENDMENTS TO BUDGET AFTER ADOPTION

No appropriation shall be made for any purpose not included in the annual budget as adopted unless voted bya two-thirds (2/3) majority of the Council after a public hearing held to discuss said appropriation. TheCouncil shall, by resolution, designate the source of any money so appropriated.

THE CITY OF PORTSMOUTHTWO THOUSAND TWELVE

PORTSMOUTH, NEW HAMPSHIRE

RESOLUTION # - 2012

BE IT RESOLVED:

Pursuant to RSA 72:39-b the City hereby amends the elderly exemption fromproperty tax, based on assessed value for qualified taxpayers, such that theexemptions shall be available only when the qualifying taxpayer(s) have a netincome of not more than $34,486 for a single taxpayer or $42,542 for marriedtaxpayers, inclusive of social security payments and total assets may not exceed$114,958 whether single or married The elderly exemption shall remain unchangedexcept as amended hereby.

THAT this Resolution shall take effect upon its passage.

APPROVED:

________________________ERIC SPEAR, MAYOR

ADOPTED BY THE CITY COUNCIL:, 2012

_________________________________KELLI L. BARNABY, CMCCITY CLERK

NOTE: This exemption becomes effective for the tax year April 1, 2012.

THE CITY OF PORTSMOUTHTWO THOUSAND TWELVE

PORTSMOUTH, NEW HAMPSHIRE

RESOLUTION # - 2012

BE IT RESOLVED:

Pursuant to RSA 72:37-b, City hereby amends the disabled exemption fromproperty tax, based on assessed value for qualified taxpayers, such that theexemptions shall be available only when the qualifying taxpayer(s) have a netincome of not more than $34,486 for a single taxpayer or $42,542 for marriedtaxpayers, inclusive of social security payments and total assets may not exceed$114,958 whether single or married. The disabled exemption shall remainunchanged except as amended hereby.

THAT this Resolution shall take effect upon its passage.

APPROVED:

________________________ERIC SPEAR, MAYOR

ADOPTED BY THE CITY COUNCIL:, 2012

_________________________________KELLI L. BARNABY, CMCCITY CLERK

NOTE: This exemption becomes effective for the tax year April 1, 2012.

Outdoor Boot Camp Proposal

We are interested in the possibility of holding an Outdoor Fitness Class on Pierce Island twoevenings and possibly two early mornings a week starting in April and continuing throughSeptember.The class would start at 5:45-6:30 am and 6:30 -7:15 pm possibly on Mondays andWednesdays. There would be approximately 5-30 people in the class at any given time. The firstsession would begin April 2nd-May 9th. If the interest is there we will continue six week sessionsthroughout the summer..Class format consists of a stationary 5 minute warm-up at the beginning and the end of class.During class we do a variety of exercises that include push-ups, sit-ups, jumping jacks as well asmany other types of drills. We try to move around as much as possible and try not to stay in onearea the entire time. If there are already existing activities going on we try to move to otherlocations in order not to interfere.

We presently hold a Boot Camp class on the waterfront in Newburyport and have done so for thepast five years. It's a great way to start your day and we have many followers who love toexercise while watching the sunrise and set. To learn more about us you can go to our website,fueltrainingstudio.com.

We look forward to hearing from you.

Julie Bokat and Jeanne CarterOwners, Fuel Training Studio

+ 44

Date: February 2, 2012

To: Honorable Mayor Eric Spear and City Council Members

From: John P. Bohenko, City Manager

Re: City Manager’s Comments on February 6, 2012 City Council Agenda

5:30 p.m. – Non-meeting with counsel.

For details on this matter, please refer to the confidential envelope inserted in the inside pocketof your binder.

Work Session:

6:30 p.m. – Work Session Re: FY13 Budget Discussion. On Monday evening, the Mayor hasrequested a Work Session at 6:30 p.m. to discuss the FY13 Budget.

Presentation:

1. Comprehensive Annual Financial Report (CAFR) – Scott McIntyre of Melanson, Heath& Company, P.C. Auditors' Financial Report for the Year Ending June 30, 2011 (AnnualAudit). On the inside cover of your packet, I am providing you with a copy of the City'sComprehensive Annual Financial Report (CAFR), which includes the financial statements forthe fiscal year ending June 30, 2011 (Annual Audit). The Fiscal Year 2011 Audit was preparedby the firm of Melanson, Heath & Company, P.C. Also, enclosed on the inside cover of yourpacket is the Management Letter for the year ending June 30, 2011, prepared by our auditor.On Monday evening, Scott McIntyre from Melanson, Heath & Company will be in attendanceto make a presentation on the aforementioned report.

CITY OF PORTSMOUTHPORTSMOUTH, NH 03801

Office of the City Manager

City Manager’s Comments for City Council Agenda February 6, 2012 Page 2

Acceptance of Grants and Donations:

1. Acceptance of Wellness Grant. I am pleased to inform you that the City of Portsmouth hasbeen awarded a $2,500 grant from the HealthTrust's Health Promotion WELLDollars Health andSafety Grant Program to be used towards the City's wellness efforts.

By offering a wellness program for City employees, it is our goal to reduce health risk factors andcreate a healthier lifestyle for our employees. To realize this goal, the City, through its WellnessProgram, will provide health and safety programs to its employees in an effort to improve thequality of their lives.

The City also feels that, with the rising cost of health care, as well as the financial implications tothe Community of lost time on the job, a comprehensive wellness program is our best chance ofreducing cost to the Community and having a physically fit work force through proactive injuryprevention.

I would recommend the City Council move to accept and approve the Wellness Grant, aspresented. Action on this item should take place under Section VIII of the Agenda.

2. Acceptance of Re-allocation of Grant for the Sagamore Island Purchase. On January 19,2010, the City Council authorized acceptance of a $40,000 NH Coastal Program (NHCP) grantto go towards a conservation/recreation project, which included acquiring the Stokel propertyon Peverly Hill Road. To date, there is no willing seller for that property. NHCP is under timeconstraints by which its grant funds must be expended. NHCP has agreed to allow the City tore-allocate $12,500 to be used for the purchase of the Island in Sagamore Creek. For yourinformation, the original purchase price is $21,900. See attached map for location of theisland.

I would recommend the City Council move to authorize the City Manager to accept andexpend a NH Coastal Program grant in the amount of $12,500 to purchase the Island inSagamore Creek as presented. Action on this item should take place under Section VIII of theAgenda.

Items Which Require Action Under Other Sections of the Agenda:

1. Consideration of First Reading of Proposed Resolution and Ordinance Amendments:

1.1 First Reading of Resolution Amending Elderly & Disabled Exemptions IncomeAsset Limits. As requested by the City Council at the January 17th City Councilmeeting, under Section IX of the Agenda, I am bringing back for first reading theattached proposed Resolutions amending Elderly and Disabled Exemption Income andAsset Limits. Annually, the City of Portsmouth reviews income and asset levels forboth the Elderly and Disabled Exemptions pursuant to RSA 72:39-b and RSA 72.37-band makes recommendations as to these levels.


Last year, the City Council adopted resolutions # 2-2011 and # 3-2011 which increasedthe income and asset levels for both the elderly and disabled exemptions by 1.00% fromthe previous year. The current elderly and disabled exemption income levels are$33,514 for a single taxpayer, $41,343 for married taxpayers, and an asset limit of$111,718.

If qualified, for elderly taxpayers, the exemption off the assessed value of the propertyis as follows:

� Age 65 to 74 $125,000

� Age 75-79 $175,000

� Age 80 + $225,000

If qualified, for disabled taxpayers, the exemption off the assessed value of the propertyis $100,000. This year, the November to November CPI of the Boston-Brockton-Nashua November consumer price index (CPI) is 2.9%. If the City Council wishes toadjust the income and asset levels for both the elderly and disabled taxpayers by theNovember to November CPI of 2.9%, this would increase the limits (rounded up) asfollows:

� Single $34,486 increase of $972

� Married $42,542 increase of $1,199

� Asset Limit of $114,958 increase of $3,240

Any adjustment if approved would be for assessments as of April 1, 2012 for the 2012tax year or FY13.

The Assessor’s Office mails a notification annually to all elderly and disabled personswho currently receive this exemption to update their applications. All new applicantsmust submit an application and required documentation by April 15th of each year.

I have attached for your information the tax impact of the elderly and disabledexemptions for FY12.

I would recommend the City Council move to make the following two separatemotions:

1) Move to pass first reading and authorize the City Manager to bring back for publichearing and adoption the Resolution for Elderly Exemptions, as submitted, at theFebruary 21, 2012 City Council meeting. (Resolution requires two readings and amajority vote.)


2) Move to pass first reading and authorize the City Manager to bring back for publichearing and adoption the Resolution for Disabled Exemptions, as submitted, at theFebruary 21, 2012 City Council meeting. (Resolution requires two readings and amajority vote.)

Action on this item should take place under Section IX of the Agenda.

2. Public Hearing/Second Reading of Proposed Ordinance Amendments:

2.1. Public Hearing/Second Reading of Amendments to Chapter 7 – Vehicles, TrafficParking Omnibus Ordinances. As a result of the January 17th City Council meeting,under Section VII of the Agenda, I am bringing back for public hearing and secondreading the proposed Omnibus Ordinance Amendment to Chapter 7 – Vehicles, TrafficParking Omnibus Ordinances, Section 7A.406 – Horse Drawn Carriages spaces onPleasant Street and Section 7.330 – by eliminating the No Parking area on State Street,between Court Place and Church Street; installing four new metered spaces; andundertaking ordinance cleanup measures (see attached aerial maps and explanation). Atits October 13, 2011 meeting, the Parking Committee recommended forwarding theaforementioned Chapter 7 Omnibus Ordinance Amendment to the City Council forapproval. The City Council approved the minutes at the November 21, 2011 CityCouncil meeting.

I would recommend that the City Council move to pass second reading for the proposedchanges to Chapter 7 of the Vehicles, Traffic Parking Omnibus Ordinances, asrecommended by the Parking Committee, and schedule a third and final reading at theFebruary 21, 2012 City Council meeting. Action on this item should take place underSection IX of the Agenda.

2.2 Public Hearing/Second Reading of Amendment to Chapter 7, Section III – Section7.330: No Parking – Junkins Avenue. As a result of the January 17th City Councilmeeting, under Section VII of the Agenda, I am bringing back for public hearing andsecond reading the proposed Ordinance Amendment to Chapter 7, Article III, Section7.330 (see attached map):

Section 7.330: No Parking

A. Unless otherwise designated by ordinance, parking shall be prohibited at alltimes in the following described streets and locations:

61. Junkins Avenue: both sides, from Pleasant Street to Parrott Avenue.

The attached map depicts the placement of “No Parking” signs on Junkins Avenue.Only two new sign poles will have to be erected, one adjacent to the Parrott Avenueparking lot and another south of Lincoln Avenue. Six other signs will be placed onexisting utility poles or sign poles. This strategy will enable us to adequately post theentire street at all through-traffic access points while preventing sign clutter in the


vicinity of the South Mill Pond. We will try to limit the signs, and there will be nosigns on the causeway.

At its October 13, 2011 meeting, the Parking Committee recommended forwarding theaforementioned proposed Ordinance Amendment to the City Council for approval. TheCity Council approved the minutes at the November 21, 2011 City Council meeting.

I would recommend that the City Council move to pass second reading for the proposedchanges to Chapter 7 of the Vehicles, Traffic Parking Omnibus Ordinances, asrecommended by the Parking Committee, and schedule a third and final reading at theFebruary 21, 2012 City Council meeting. Action on this item should take place underSection IX of the Agenda.

3. Public Hearing:

3.1 Public Hearing Re: Resolution Authorizing a Supplemental Appropriation of up to$150,000 from Unassigned Fund Balance (F.K.A. Undesignated Fund Balance) forthe Operation of the Fire Department. As you are aware, at the January 17th CityCouncil meeting, the City Council voted to conduct a public hearing on Mondayevening regarding the request (see attached letter) from the Fire Commission for asupplemental appropriation of $150,000 for FY12.

In accordance with the City Charter, a supplemental appropriation requires a publichearing and 2/3’s vote of the City Council. The funding for this supplementalappropriation would come from the City’s unassigned fund balance.

The other option for the City Council to fund the shortfall is to authorize the CityManager to expend these funds from the contingency line for the FY12 Budget. Usingmoney from contingency would not require a public hearing and would require a simplemajority vote of the City Council.

It should be noted if the City Council authorizes the $150,000, the contingency linewould be depleted by 60%, and it would leave only $100,000 remaining for the rest ofthe year for all City departments.

Also, Councilor Anthony Coviello requested that the attached information regarding theInsurance Services Office (ISO) be included in the packet.

Action is required on this matter.


Consent Agenda:

1. Acceptance of Funds for Art-Speak. Art-Speak requests that the following donation beaccepted by the City Council on behalf of Art-Speak. These funds were donated to supportArt-Speak’s Art & Economic Prosperity Survey.

Betty LaBranche Real Estate $50

I would recommend the City Council move to accept and approve the donation to Art-Speak tosupport Art-Speak’s Art & Economic Prosperity Survey, as presented. Action on this mattershould take place under Section X of the Agenda.

2. Request for Approval of Pole License. Attached under Section X of the Agenda is arequest for a Pole License (see attached memorandum from Tom Richter, EngineeringTechnician, Public Works Department):

a) Install/replace one pole located on Mendum Avenue.

I would recommend the City Council move to approve the aforementioned pole license asrecommended by the Public Works Department with the approval conditioned upon amendmentof the license to allow for the collection of any lawfully assessed real estate taxes. Action onthis matter should take place under Section X of the Agenda.

City Manager’s Items Which Require Action:

1. Various Approvals Requested by NHDOT Re: Construction of Memorial and ScottAvenue Bridges. As you know, the project to replace the Memorial Bridge is beginningin earnest. The New Hampshire Department of Transportation (NHDOT) is overseeing thiswork on behalf of the State and certain City Council approvals are needed in support of thiseffort on a short-term basis during the roughly 18-month construction phase as well as long-term. As you may recall, in March 2008 NHDOT sought and received similar approvals fromthe City. According to DOT Commissioner Clement, project needs have changed somewhatsince that time. The specific City Council approvals that are needed at this time to completethe replacement of the Memorial Bridge are as follows:

1.1 License for Temporary Construction Laydown Area and Temporary Traffic Pattern.The area requested for a temporary laydown area is outlined in red on the attached plantitled “Scott Avenue and Memorial Bridge Proposed Laydown Area” with the area to beused from February 2012 through May/June 2013. During this term up to 16 parkingspaces in the Wright Avenue Parking Lot would be out of service as well as the 6 head-in waterfront parking spaces at the end of Daniel Street. During this period while theconstruction laydown area is in use for the Memorial Bridge replacement project, atemporary traffic pattern will be in place, which involves minimal changes to theexisting situation (see attached plan prepared by the Portsmouth Department of PublicWorks). Access to the Prescott Park parking lot will be maintained along the easterly


side of State Street, with traffic exiting Prescott Park parking lot detoured to MarcyStreet and Court Street during the construction phase.

As you know, for similar construction projects we have addressed such requests via alicense agreement and staff recommends a similar process here with the exception thatthe State not be charged for the meters during the construction period, due to thesignificant public benefit derived from the replacement of the Memorial Bridge and thefact that this work is being carried out by NHDOT in partnership with the City.

I would recommend the City Council move to authorize the City Manager to enter alicense agreement with NHDOT for the Memorial Bridge construction laydown areaand to authorize the temporary traffic pattern as presented, and further authorize theCity Manager to take any other actions necessary to implement the provisions of thatlicense agreement.

1.2 License for Use of City Property Under Scott Avenue Bridge for Bridge MaintenanceStaff Parking. As part of the Memorial Bridge Replacement Project DOT is requestingthat they be allowed a license for staff parking for the Memorial Bridge lift operators.The proposed staff parking license zone under the Scott Avenue Bridge is as shown onthe attached plan titled “Pavement Marking/NHDOT Maintenance Parking/GeneratorArea”. The Council should note that the City issued a Revocable Parking Agreement toDOT in December 2003 for bridge operator parking in this area.

I would recommend the City Council move to authorize the City Manager to enter alicense agreement with NHDOT for staff parking for the Memorial Bridge liftoperators on City land under the Scott Avenue Bridge as presented, and furtherauthorize the City Manager to take any other actions necessary to implement theprovisions of that license agreement.

1.3 Easement for Use of City Property Under Scott Avenue Bridge for Backup Generatorand Utility Transformer Cabinets. As part of the Memorial Bridge Replacement ProjectDOT is requesting that they be allowed to install a permanent backup generator andutility transformer cabinets on City property. The proposed easement area under theScott Avenue Bridge is as shown on the attached plan titled “PavementMarking/NHDOT Maintenance Parking/Generator Area”. It should be noted that DOTis exploring the possibility of locating the utility transformer cabinets on theeasterly side of the Scott Avenue Bridge alongside the generator. The generator will bepowered by natural gas, will be tested during daytime weekday hours, will be visuallyscreened with black vinyl fencing, and will have a sound shroud to mitigate noiseimpacts.

I would recommend the City Council move to refer the NHDOT’s request for aneasement to locate a backup generator and utility transformer cabinets on City landunder the Scott Avenue Bridge as part of the Memorial Bridge replacement project tothe Planning Board for a report back.


2. Sunday Parking Enforcement. As requested by Assistant Mayor Lister, attached is aproposed ordinance change which would charge Sunday parking from Memorial Day to LaborDay only. I have also attached a memorandum from Jon Frederick, Director of Parking andTransportation, regarding the cost impacts instituting this ordinance.

If the City Council wanted to proceed with this matter, I would recommend that the proposedordinance be placed on the February 21st City Council meeting for first reading.

3. Proposed Zoning Ordinance Amendments – Office Research District. Attached is amemorandum from Rick Taintor, Planning Director, regarding a proposed zoning ordinanceamendment in the Office Research District. At the December 5, 2011 City Council meeting,the Council voted to postpone the ordinance changes for the new City Council. The PlanningBoard voted unanimously on October 20, 2011 to recommend that the Zoning Ordinance beamended as outlined in the memorandum.

I would recommend the City Council move to accept the Planning Board’s recommendationand, further, authorize the City Manager to bring back for first reading the proposed ordinanceamendment, as presented, at the February 21st City Council meeting.

Informational Items:

1. Events Listing. For your information, attached is a copy of the Events Listing updated afterthe last City Council meeting on January 17, 2012. In addition, this now can be found on theCity’s website.

2. Economic Development Commission Agenda and Draft Minutes. For your information,attached are the Economic Development Commission Agenda for Friday, February 10, 2012and the draft minutes of the January 6, 2012 meeting.

3. Next Steps Resulting from City Council Retreat, For your information, I have attached adraft of the Next Steps Resulting from the City Council Retreat on January 28, 2012. If thereare any additional items for follow-up, please let me know.

Memo CM 120127 - OR district revisions_19E0CE3

M E M O R A N D U M

TO: John P. Bohenko, City Manager

FROM: Rick Taintor, Planning Director

DATE: January 27, 2012

RE: Proposed Zoning Ordinance Amendments – Office Research District

As you will recall, on December 5, 2011, a set of proposed amendments to the ZoningOrdinance relating to use and dimensional standards in the Office Research district waspresented to the City Council for first reading. After discussion, the Council voted to postponethe ordinance changes for the new City Council.

Accordingly, I am resubmitting the attached proposed ordinance changes for consideration bythe City Council. For the benefit of new Council members, this memorandum reviews thebackground of the proposal and summarizes the proposed changes.

Request and Recommendations

Attorney Paul McEachern submitted a letter to the City Council on July 12, 2011, requestingthat seven parcels on the westerly side of Lafayette Road be rezoned from the Office Research(OR) district to the Gateway district. The City Council referred this request to the PlanningBoard for a recommendation, and the Planning Board held public hearings on this request onSeptember 15 and October 20, 2011.

After considering the original request and comments at the public hearings, the Planning Boarddetermined that rezoning the subject parcels to Gateway would not be advisable. Instead,following the Planning Department’s analysis and recommendations, the Planning Board votedunanimously on October 20, 2011, to recommend that the Zoning Ordinance be amended asfollows:

1. Amend Section 10.531, Table of Dimensional Standards – Business and IndustrialDistricts, as follows (deletions from existing language stricken; additions to existinglanguage underlined bold):

ORMinimum Lot Dimensions

Lot Area 3 2 acres 1

Continuous street frontage 300’ 200’ 1

Depth 300’ 200’ 1

Proposed Zoning Ordinance Amendments – Office Research DistrictJanuary 27, 2012Page 2

ORMinimum Yard Dimensions

Front 50’ 1, 3

Side 75’ 50’ 1

Rear 50’

NA = Not Applicable NR = No RequirementNotes:1. See Section 10.532.10 for requirements for lots adjacent to North Mill Pond.3. See Section 10.533 for special requirements on Lafayette Road.

2. Amend Section 10.440, Table of Uses – Residential, Mixed Residential, Business andIndustrial Districts, as follows:

Use OR

2.10 Assisted living facility

2.11 Assisted living center N P

3.70 Club, fraternal or service organization N S

Background and Analysis

Attorney Paul McEachern has requested that the City Council vote to rezone seven parcels onthe westerly side of Lafayette Road from the Office Research (OR) district to the Gatewaydistrict. The request was made on behalf of Aphrodite Georgopolous, Trustee of theGeorgopolous Revocable Trust, owner of the parcel at 1900 Lafayette Road. The parcels forwhich the rezoning was requested are between the Public Service of New Hampshire propertyand West Road, and include the following:

� 1700 Lafayette Road – Public Service Company of New Hampshire� ____ Lafayette Road – Michael R. Iafolla (future Armed Forces Reserve Center)� 1900 Lafayette Road – Georgopolous Revocable Trust� 1950 Lafayette Road – Portsmouth Casey Home Association� 2000 Lafayette Road – NH Department of Employment Security� 2010 Lafayette Road – Service Federal Credit Union� 2032 Lafayette Road – Service Federal Credit Union

These parcels are shown on the attached map titled “Requested Rezoning from OR to Gateway– Lafayette Road.”

All but two of the parcels in this OR district are already developed, and one of the twoundeveloped parcels is planned to be developed as a new Armed Forces Reserve Center nextyear. This federal project will be designed and constructed with no City control, and the projectis not consistent with either the Gateway District or the City’s goals for the corridor.


Construction of the Reserve Center will leave the applicant’s parcel as the only undevelopedparcel in this Office Research district, and will make it more difficult to develop under theexisting zoning regulations.

These parcels were identified in the 2005 Master Plan as an area to be considered for zoningchanges, and were proposed to be included in the Gateway District as part of thecomprehensive revision of the Zoning Ordinance in 2009. Thus, the requested rezoning isconsistent with the Planning Board’s vote of two years ago.

The Planning Board held a public hearing on this request at its meeting on September 15,2011. Following the public hearing, Board members felt that the existing Office Researchdistrict was too restrictive in this area, but that rezoning these parcels to the Gateway districtwould not be appropriate because of the wide range of retail uses that are allowed in thatdistrict, with potential impacts on the residential district in terms of light, noise, traffic andaesthetics. The Board voted to postpone consideration of the request to the October meetingand requested the Planning Department staff to look at changes to the Office Research orGateway districts that could enhance the development potential of the existing OR parcels whilestill protecting the residential neighborhood.

The Planning Department considered three options: (1) rezoning to a different existing zoningdistrict; (2) rezoning to a modified Gateway district; and (3) amending the Office Researchdistrict to provide more flexibility for development. After reviewing the options, the Departmentrecommended that the dimensional standards for the Office Research district be amended asfollows:

� Reduce the required lot area from 3 acres to 2 acres;� Reduce the required street frontage from 300 feet to 200 feet;� Reduce the required lot depth from 300 feet to 200 feet; and� Reduce the required side yard (i.e., building setback) from 75 feet to 50 feet.

These changes would make the required lot and yard dimensions for the Office Researchdistrict identical to those for the Industrial district except for the required front yard, which is 70feet in the Industrial district and 50 feet in the OR district.

The recommended changes would apply to all Office Research districts. In addition to theparcels on Lafayette Road, there are four other Office Research districts of varying sizethroughout the City:

Borthwick Avenue 19 lots Largely developed (hospital, offices, financialservices); remaining undeveloped land (includingproposed CCRC site) is constrained by wetlands orhas difficult access

Commerce Way /Portsmouth Blvd.

16 lots Mostly developed (office park)


North Mill Pond /Bartlett Street /Cate Street

14 lots Includes railroad land adjacent to North Mill Pond andcommercial uses on Bartlett and Cate Streets. Thisarea is highly constrained by the Pond and the railroadtracks, and most lots and uses do not conform to theOR zoning requirements. The Planning Department isworking to develop a proposal for more appropriatezoning in this area.

Market Street(adjacent to I-95)

1 lot Fully developed (hotel and offices)

The Office Research districts are shown on the attached map titled “Office Research Districts.”

Modifying the dimensional standards for the OR District will have relatively little impact on ORdistricts overall, but will enhance the development potential of specific lots. The proposedreductions in required lot area and frontage will make a small number of lots conforming thatare currently nonconforming (two lots on Lafayette Road, six lots on Commerce Way, one lot onBartlett Street, and none in the Borthwick Avenue or Market Street OR districts). Moreimportantly, the proposed reduction in required side yard setback will increase the flexibility forsite planning on all lots.

In addition to the recommended changes in dimensional standards, the Departmentrecommended that two minor changes be made to the Table of Uses:

� Allow Assisted Living Center (currently prohibited in OR but allowed in the B andGB districts, and in the Gateway district by conditional use permit;

� Allow Club, Fraternal or Service Organization by special exception (currentlyprohibited in OR but allowed in B, GB and Gateway by special exception, and inCBB without a special exception).

The Planning Board held a public hearing on the above recommendations at its meeting onOctober 20, 2011. Following the public hearing, the Planning Board voted unanimously torecommend that the Zoning Ordinance be amended as set forth at the beginning of thismemorandum.

ORDINANCE #THE CITY OF PORTSMOUTH ORDAINS

That the Ordinances of the City of Portsmouth, Chapter 10 – Zoning Ordinance,are hereby amended as follows (deletions from existing language stricken; additions toexisting language bolded; remaining language unchanged from existing):

1. Amend Article 4 – Zoning Districts and Use Regulations, Section 10.440 – Tableof Uses – Residential, Mixed Residential, Business and Industrial Districts, asfollows:

Use OR

2.10 Assisted living facility2.11 Assisted living center N P

3.70 Club, fraternal or service organization N S

1. Amend Article 5 – Dimensional and Intensity Standards, Section 10.531 – Tableof Dimensional Standards – Business and Industrial Districts, as follows:

ORMinimum Lot Dimensions

Lot Area 3 2 acres 1

Continuous street frontage 300’ 200’ 1

Depth 300’ 200’ 1

Minimum Yard DimensionsFront 50’ 1, 3

Side 75’ 50’ 1

Rear 50’

NA = Not Applicable NR = No RequirementNotes:1. See Section 10.532.10 for requirements for lots adjacent to North Mill Pond.3. See Section 10.533 for special requirements on Lafayette Road.

The City Clerk shall properly alphabetize and/or re-number the ordinance asnecessary in accordance with this amendment.

All ordinances or parts of ordinances inconsistent herewith are hereby deleted.

This ordinance shall take effect upon its passage.

APPROVED:

_____________________________Eric Spear, Mayor

ADOPTED BY COUNCIL:

_____________________________Kelli L. Barnaby, City Clerk

H:\Rick T\Zoning Ordinance Amendments\Amendments 2011 - Art 04 etc - OR district\Amend 2011 - Art 04 etc - OR Districts 111122.doc

Brett Pasinella171 Blue Heron Drive

Portsmouth, NH 03801

T (603) 617-6482

[email protected]://web.me.com/bpasinella

January 30, 2012

Eric SpearMayorCity of Portsmouth1 Junkins AvenuePortsmouth, NH 03801

Dear Mayor Spear,

Please accept my resignation from the Sustainable Practices Blue Ribbon Committee. I will be taking a job in Boston this February and moving out of Portsmouth sometime soon thereafter.

Thank you so much for allowing me to serve on the committee. It was a pleasure to work with you and the rest of the group. I hope the city keeps up all of the great work it is doing in sustainability.

Sincerely yours,

Brett Pasinella

cc: Peter Britz

� Page 1

MemoTo: Mayor Eric Spear and City Council

From: Kelli L. Barnaby, City Clerk

Date: February 6, 2012

Re: 2011 Board and Commission Attendance Records

Please find attached the 2011 attendance records for all Boards and Commissions as requested by the Mayorand City Council.

If you should have any questions, please do not hesitate to contact me directly or via e-mail [email protected].

cc: John P. Bohenko, City Manager

OFFICE OF THE CITY CLERKCITY OF PORTSMOUTH, N.H.


1 Junkins AvenuePortsmouth, NH 03801

603-610-7207Fax: 603-427-1579

Klbarnaby@ cityofportsmouth.com

African Burial Ground ( 4 meetings held) Attended Excused Unexcused Attendance %Bailey, Mary 4 100%

Cunningham, Valerie 3 1 75% Edwards, Kelvin 3 1 75%Jackson, Vernis 4 100%

Council Rep. Dwyer, Crhistine 4 100%

Building Code Appeal - THERE WERE NO MEETINGS HELD IN 2011

Cable & Communication( 4 meetings held) Attended Excused Unexcused Attendance %Beach, Nancy 3 1 75%Gregg, Brian 4 100%Gregg, John 4 100%

Southworth, Bill 1 3 25%

Citizens Advisory (8 Meetings held) Attended Excused Unexcused Attendance %Bailey, Algene 8 100%

Carmody, Constance 8 100%Emerson, Nancy 7 1 87%

Langley, Lynne 8 100%Layton, Robert 8 100%

Pecunies, Jean 6 2 75%

Conservation Commission ( 13 meetings held) Attended Excused Unexcused Attendance %Blanchard, MaryAnn 13 0 100%

(Resigned 11/2011) Ennis, Catherine 9 3 75%(Resigned 12/2011) Hill Stone, Elissa 12 1 92%

McMillan, Barbara 12 1 92%Miller, Steven 11 2 85%

Tanner, Allison 12 1 92%(Appt. 11/2011) Vandermark, Peter (Alt) 2 0 100%

Economic Dev. Com ( 11 meetings held) Attended Excused Unexcused Attendance %Allison, Tim 7 4 63%

(Apptd., 05/02/11) Cohen, Philip 8 0 100%Cyr, Joshua 10 1 90%

Destafano, Lisa 10 1 90%Eaton, Everett 9 2 81%

Gregg, Eric 9 2 81%Levenson, Dana 8 3 72%

Marchewka, Robert 11 0 100%Zolla, Ron 11 0 100%

Council Rep, Asst. Mayor Nancy Novelline Clayburgh 9 2 81%Council Rep, Chris Dwyer 8 3 72%

2011 - Board and Commission Meeting Attendance Records

Prepared by City Clerk 2/2/2012 Page 1

Historic Distirct Com. ( 18 meetings held) Attended Excused Unexcused Attendance %Almeida, Joseph 14 4 78%

Dika, Sandra 18 0 100%Katz, Richard 17 1 94%Kozak, Tracy 16 2 89%

Melchoir, George 12 5 1 67%Whittaker, Elena 12 6 2 67%

Wyckoff, Jonathan 16 2 89%Plan Brd Rep, Gladhill, William 18 100%Council Rep Coviello, Anthony 9 7 2 50%

Housing Endowment - ( 1 meeting held) Attended Excused Unexcused Attendance %Berg, Steven 1 100%

Couch, Calvin 1 0%Lukacz, Christine 1 100%Mountjoy, Jeffrey 1 100%

Couture, Joseph (PHA Rep) 1 100%

Library Brd. of Trustees ( 9 meetings held) Attended Excused Unexcused Attendance %Abelson, Elias 9 0 100%

(Appt. 10/2011) Crist, John 2 0 100%(Appt.02/2011) Kressly, Kate Gill 8 0 100%

Lessner, Grace 7 2 78%O'Leary, John 8 1 89%Record, Jody 8 1 89%

Tehan, Megan 8 1 89%(Appt 10/2011) Weaver, John 2 0 100%

School Board Rep, Chellman, Carol 4 5 44%

Neighborhood Com. ( meetings held) Attended Excused Unexcused Attendance %Unavailable

Peirce Island Com (10 meetings held) Attended Excused Unexcused Attendance %Hubbard, Chris 5 2 3 50%Marison, Steve 10 100%

McVay, John 7 1 2 70%Philp, Steven 6 1 3 60%

Pollard, Robert 7 3 70%Russ, James 8 2 80%Simon, John 6 4 60%

Smith, Richard 7 3 70%Whitehouse, Harold 7 3 70%

Council Rep Kennedy, Esther 6 1 3 60%

PEDLP - THERE WERE NO MEETINGS HELD IN 2011


Planning Board ( 16 meetings held) Attended Excused Unexcused Attendance %Blenkinsop, Anthony 15 1 94%

Geffert, MaryLiz 11 5 69%Gladhill, William 15 1 94%

(Appt 10/2011) Groth, Brian (Alt) 2 2 100%Patenaude, Norman 10 5 63%

Ricci, John 15 1 94%

Rice,John 14 2 88%Roberts, Paige 15 1 94%

Council Rep Spear, Eric 12 4 75%

Ports Housing Authority( 12 meetings held) Attended Excused Unexcused Attendance %Bradley, Charles 12 0 100%

Griffin, Ruth 11 1 92%Heany, Thomas 7 5 58%

Leith, John 10 2 83%(Appt. 11/21/11) McCarthy, Stephen 0 0

(appt. 09/2010) Schwartz, Amy 7 5 58%

Recreation Board ( 7 meetings held) Attended Excused Unexcused Attendance %Cali-Pitts, Jacqueline 4 3 57%

DelValle, Eduardo 6 1 86%Diemer, Carl 5 2 71%

Henley, Todd 5 2 71%Seigel, Kathy 4 3 57%

Sirmaian, Kory 6 1 86%Syracusa, Elaine 7 0 100%

School Board Rep. LaPage, Kent 3 4 43%Council Rep Coviello, Tony 6 1 86%

Safe Routes to School ( meetings held) Attended Excused Unexcused Attendance %Unavailable - - - -

Sustainable Practices ( 9 meetings held) Attended Excused Unexcused Attendance %(Appt. 12/2011) Blaisdell, Betsy 1 - 100%

Britz, Peter, Ex-Officio 6 3 67%Cohen, Bert 8 1 89%Epler, Gary 1 8 11%

Maher, Skye 7 2 78%Martin, Drew 3 6 33%

Pasinella, Brett 1 8 11%Walker, Ann, School Brd. Rep 8 1 89%

Taxi Commission ( 10 meetings held) Attended Excused Unexcused Attendance %Bresciano, Peter P. 9 1 90%

Daggett, Frank 10 100%Ford, Paul 10 100%

Feehley, James 10 100%Council Rep. Lister, Bob 9 1 90%


Traffic & Safety ( 10 meetings held) Attended Excused Unexcused Attendance %Cypher, Ronald 10 100%

Gray, Ted 10 100%Whitehouse, Harold 10 100%

Council Rep. Smith, Ken 10 100%

Trees/Public Greenery ( 12 meetings held) Attended Excused Unexcused Attendance %Adams, Richard 12 100%Loughlin, Peter 12 100%

Rogers, June 11 1 92%(Appt. 07/2011) Stevens, Leslie 5 100%

State Forester Dupre, A.J. 9 3 75%

Trustees of Trust Funds ( 24 meetings held) Attended Excused Unexcused Attendance %Eldridge, Phyllis 22 2 92%

(Apptd. 09/2011) Levenson, Dana 6 0 100%Lown, Brad 22 1 96%

Zoning Brd Adjustment (14 meetings held) Attended Excused Unexcused Attendance %(Appt. 09/2011) Chamberlin, Susan 3 1 75%

Durbin, Derek 12 2 86%(Resigned 08/2011) Eaton, Carol 8 2 80%

(Resigned 11/2011) Grasso, Thomas 12 1 92%(Resigned 12/2011) Jousse, Alain 12 1 92%

LeMay, Charles 12 2 86%(Appt. 09/2011) Moretti, Patrick 3 1 75%

Parrott, Arthur 14 0 100%Rousseau, Robin (Alt) 9 4 1 67%

Witham, David 13 1 93%


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